Even in cases that seem clear-cut, such as DUI accident cases, it is not always easy to seek recovery. Insurance companies are always working to protect their bottom lines, and they will do everything possible to avoid paying on even valid claims. If you were the injured party or lost a loved one as a result of the actions of a drunk driver, you will benefit from understanding all the options available to you.
Determining liability after a car accident is not always an easy task. You may feel that what happened and who is to blame is quite clear, but the insurance company might not agree with you. As you consider the ways through which you may be able to seek a full and fair recovery after your accident, it might be helpful to be familiar with the terms often seen in accident cases when determining liability:
If you are suffering through the aftermath of a drunk driving accident, you do not have to navigate the aftermath alone. You will benefit from seeking professional guidance regarding the most effective way to secure damages, whether it is through a third-party claim against the driver’s insurance or another option. With this support, you will have a higher chance of a successful outcome.
]]>Studies have tested driving performance in people who have consumed alcohol. Results showed that a significant portion of participants exhibited impairment behind the wheel when their BAC levels were .07. The study also showed that many of these participants were unaware of their intoxication and were confident that they were capable of safely operating a motor vehicle.
The only driver whose behavior you can control is you. You are not responsible for the decisions other drivers make. However, you may suffer the consequences of another person’s negligence and irresponsible choice to drink and drive if a collision occurs, and you suffer injuries.
Psychomotor skills are skills that are relational between cognitive thought and physical movement. Alcohol can impede psychomotor functions. Not only might a drunk driver have a slower than normal reaction time at the wheel, he or she might not handle distractions as well, because alcohol reduces attention capacity.
It may be true that people who consume alcohol show signs of impaired driving before BAC levels reach the legal limit. The fact is, no matter what a driver’s BAC happens to be at the time, if impairment exists and a collision occurs that results in injury to you or your loved one, one may seek restitution for damages.
A person who suffers injuries because of another driver’s negligence is entitled to request compensation for damages whether the other driver is facing DUI charges in court or not. A drunk driving accident may cause injuries so severe that you are unable to function without assistance. In some cases, you might not even be able to return to work. When the court rules in favor of a plaintiff in a personal injury case, the award may cover medical bills and other expenses associated with the incident.
]]>There are basically four main categories of driving distraction that carry the greatest risk of causing a car accident. You may even have experienced one or more of these distractions at one time or another while driving. They are not uncommon but can be deadly.
The term “manual” refers to things you do using your hands, like driving. Anything compelling you to remove your hands from the steering wheel to do something else while you’re supposed to be driving is a manual distraction. It is one of the most frequent causes of car accidents in Louisiana and beyond. If even one hand is off the wheel, your reaction time slows down, such as if you must swiftly turn the wheel because an animal has entered your path or to avoid an obstacle on the road.
Just as manual distractions involve the hands, visual driving distractions involve your eyes. There’s only one thing you should be looking at while driving, and that’s the road. If a driver is looking around inside his or her vehicle or trying to see something on the roadside, he or she is placing everyone in the vicinity at risk for collision.
The final two categories of driving distraction are cognitive and auditory, the latter having to do with sounds you hear or focus on while driving and the former having to do with thinking skills. Loud music, cell phone notifications, voices of vehicle occupants, voices on speaker over a phone, etc., all create sounds that can distract a driver.
Have you ever daydreamed while driving? This is a cognitive distraction. Following car accidents, drivers sometimes say they were “lost in thought” regarding events that took place prior to driving (ex., an argument with a spouse) or a grocery list or upcoming meeting at work. Cognitive and auditory distractions are often causal factors in motor vehicle collisions.
When injuries occur in Louisiana car accidents caused by distracted drivers, those who have suffered damages may file a legal claim in civil court to seek restitution. To win such a case, a plaintiff must demonstrate that certain elements were present when the accident occurred. An experienced attorney can explain such elements in detail.
]]>