Few errors in judgment affect others so detrimentally as drunk driving. When an individual makes the decision to drink and drive, they put everyone on the road in danger including other drivers, passengers, cyclists and pedestrians.
In New York State, a driver’s ability to operate a motor vehicle can be considered legally impaired if their Blood Alcohol Concentration (BAC) exceeds 0.05%. Once their BAC is 0.08% or greater, they are considered legally intoxicated.
In 2011, drunk drivers caused approximately 10,000 deaths in the United States with 315 fatalities occurring in New York State. According to MADD, every 2 minutes someone is hurt in an alcohol-related accident, with injuries including minor bumps and bruises, broken bones or trauma to the neck, brain and spinal cord. 3 in every 10 Americans will be involved in an alcohol-related crash in their lives.
Young people are most at risk of being involved with drivers 21 to 24 years of age most likely to be intoxicated during a fatal crash. Most states have a zero tolerance policy for underage drivers. Other common offenders are motorcyclists and drivers who have previous convictions for drunk driving. While a majority of DWI arrests involve men, a report by the Traffic Injury Research Foundation reveals that DUI and DWI arrests for women rose nearly 30% from 2000-2010. In total, there were 35,541 arrests in 2011 in New York related to driving under the influence.
Drunk drivers tend to take greater risks than sober drivers
including driving aggressively, speeding, ignoring traffic signals
or even falling asleep at the wheel. The NYC police department reports that every month about 100 traffic accidents involve alcohol.
These can be especially deadly due to heavy rush hour traffic, road construction and scores of pedestrians on the road.
While the criminal justice system will punish drunk driving with jail sentences, heavy fines and fees, license suspension and/or treatment programs, it may fail to fully address the financial burden the accident and resultant injuries have on innocent victims.
Many choose to pursue a civil action against the parties responsible. This may not just involve the intoxicated driver. In some instances, bar or restaurant owners who over-serve customers, hosts of social gatherings or employers at work-related events who allow a clearly intoxicated person to leave in their car may also have some liability. Medical bills, repair of damages, loss of wages and wrongful death compensation are just some of the costs that may be recoverable from those responsible.
Okun, Oddo & Babat specializes in the representation of victims who have suffered serious personal injuries. We represent accident victims in all areas of personal injury arising out of automobile accidents, medical malpractice, hospital negligence, defective products and drugs, premises liability, construction site accidents and wrongful death. We handle civil litigation and trials in both the State and Federal Courts. We also offer high quality representation in all types of criminal and commercial matters. Contact us to schedule an appointment with one of our New York attorneys.
Article by Shea Bergesen for Lavery Design Associates, Ltd.
copyright 2013. This article may not be reproduced without permission from the author.