Car Accidents

Drunk Driving Accidents: Who is Liable?

Posted by on Jul 25, 2017 in Car Accidents, Personal Injury | 0 comments

When you see car accidents in the news, many of the deadly ones often involve drunk driving. This is enough proof that drunk driving is one of the most dangerous things you can do on the road.

Authorities have acknowledged the danger of drunk driving, and that is why it is illegal. But who is really liable, when an accident and injury does happen?

Driver

The driver is the one behind the wheel, so obviously he is the one at fault. Alcohol has negative effects on the body, including poor body control, limited mental sharpness, and slow reaction – all of which are not that hard to deem as dangerous. So, the driver can be considered reckless if he goes behind the wheel despite having these bodily conditions.

The saddest part is the fact that himself is not the only one in danger. The other people on the road are just as at risk. According to the website of the Goings Law Firm, LLC, drunk drivers who have caused a range of expenses, including medical bills and property damages, to innocent parties may be legally required to give compensation.

But to be honest, monetary compensation is not enough to offset the emotional trauma that innocent parties may have for being involved in a traumatic experience.

Dram Shop / Social Host

The business who has sold the alcoholic beverage that has led to the intoxication of a driver can also be at fault, merely because of the fact that they have excessively served an impairing product to someone who is clearly going to drive his way out of the premises. This can be considered an act of negligence on the part of the business owner, and he may be held liable for the damages that have been sustained.

Like dram shops, social hosts can also be held liable. These are private entities like family members and friends who have committed the same negligent act. But the bad thing about dram shop and social host liability is that it is hard to prove, because it is easy to assume that an intervening factor is the cause of the accident, such as the drunk driver himself. Therefore, these cases are not as strong as those that make drivers the ones completely liable.

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