Hold Intoxicated Drivers Responsible with the Help of a DWI Accident Attorney
Drunk Driver Cases
At the Law Firm of Roger "Rocky" Walton, P.C., we handle a lot of drunk driver cases because the damages can run very high. Drunk drivers (DWI) cause more death and destruction than any other kind of driver, although driving while texting (DWT) is close behind. Intoxicated drivers tend to drive very fast and lose control, causing high-speed crashes. They also focus in on tail lights ahead that they think they are following and are actually looking at a stopped car on the shoulder. Police frequently must deal with this danger when citing a motorist or working an accident.
For criminal purposes, "intoxication" is proof of a blood/alcohol level of .08 or greater. In civil law, intoxication is when the physical or mental faculties have been compromised or impaired to any extent. Therefore, even if the blood/alcohol is not enough for criminal prosecution, it may still compromise the physical or mental faculties of the driver and be considered intoxicated.
If a person is driving while intoxicated, it is considered "gross negligence." A finding of gross negligence warrants punitive damages. Punitive or exemplary damages are additional damages that are designed to punish the driver or make an example of him. When the defendant is intoxicated, the jury also tends to be more generous on the other damages involved. However, a claim for underinsured motorist does not allow these extra damages because they would only punish the insurance company since the judgment would be against the insurance company.