|
Delaware Drunk Driving Accident Lawyers
If you been injured by a Drunk Driver Call the Delaware Personal Injury Lawyers of Knepper & Stratton at (302)658-1717 or (302)736-5500 For a Free Initial Consultation*
|
|
|
In the United States alcohol-related motor vehicle accidents kill someone every 32 minutes, and nonfatally injure someone every two minutes. Last year alone, almost one million people were injured in alcohol-related traffic crashes, nationwide. In Delaware in 2006, 59 of 144 (41%) vehicular crash fatalities were alcohol-related. In 2005 in Delaware, 61 of 147 (42%) fatal vehicular collisions involved alcohol. In Delaware in 2006 there was one (1) alcohol related fatality for every 158,730,158 vehicle miles traveled.
If you or a loved one has been injured in an accident by a drunk driver, you should consult an experienced Delaware personal injury lawyer, such as the personal injury attorneys at Knepper & Stratton at (302)658-1717 or (302)736-5500, to discuss whether you may be entitled to compensation for your injuries including "pain and suffering" from the drunk driver and/or his or her insurer. Seeking compensation for injuries caused by a drunk driver is not limited to drivers and passengers of other vehicles, but extends to injured pedestrians, and even close family members of those injured under certain circumstances. Remember that even if you were injured as a passenger in a car or truck that was driven by a drunk driver who was at fault for the accident, you can still bring a lawsuit for those injuries against that driver. This is because a driver owes a legal duty of reasonable care not only to other drivers and pedestrians, but also to passengers in his or her own vehicle.
"Driving Under the Influence," DUI or DWI Is Not Limited to Just Alcohol
It is important to understand that the phrase "Driving Under the Influence" (DUI) as used in Delaware does not refer to just drinking alcohol and driving. "Driving Under the Influence" (DUI) can also mean that a driver was driving a vehicle while he or she was under the influence of an illegal drug, such as marijuana or cocaine. Taking or ingesting legal over-the-counter drugs or legal prescription drugs that significantly impair a driver's ability to operate a vehicle can also lead to a finding that a person was "driving under the influence." Such a driver can be legally liable for any injuries caused in a resulting car accident if they failed to follow instructions for taking the medication, or ignored warnings in connection with taking the medication (such as the danger of operating a vehicle). In this article we use the phrase "drunk driving" to mean the operation of a vehicle while under the influence of all types of intoxicants, not just alcohol. If you have any questions please feel free to call the attorneys at Knepper & Stratton at (302)658-1717 or (302)736-5500, to discuss whether you may be entitled to compensation for your injuries from the drunk driver and/or his or her car insurance company.
|
|
"For over 25 years I have helped accident victims battle insurance companies to receive just compensation for their medical bills, lost wages, pain and suffering."
|
|
Proving Liability for a Delaware Drunk Driving Accident
Generally, people who operate cars, automobiles, sports utility vehicles, vans and pick-up trucks must exercise reasonable care while driving, and a failure to use reasonable care is considered negligence. In order to be successful in a lawsuit for injuries suffered in an automobile accident, the injured party, known as the plaintiff, is required to prove that the defendant was negligent in some way, that the negligence caused the accident, and that the accident caused the plaintiff's personal injuries and economic damages.
In most instances in Delaware, if a person drives a vehicle while under the influence of alcohol or drugs, such an act will be considered negligent (drivers with blood alcohol content (BAC) levels of over .08 are considered legally under the influence of alcohol) and sometimes will be considered reckless. In other words, negligence can be presumed simply through the fact that the person drove a vehicle while under the influence of alcohol or drugs. In Delaware in order to prove that an accident was caused by drunk driving, your attorney will need to establish that the defendant's blood alcohol level was equal to or greater than the legal limit or that the intoxication had such an effect on his or her judgment that their ability to operate a vehicle was meaningfully impaired. A person who operates a vehicle while driving drunk may be required to pay for any damages, either to a person or property, caused by his or her negligence or recklessness. If you have any questions please feel free to call the Delaware personal injury lawyers and attorneys of Knepper & Stratton at (302)658-1717 or (302)736-5500, to discuss whether you may be entitled to compensation for your injuries from the drunk driver and/or his or her insurer.
Damages "Pain & Suffering"
Under the law of personal injury and negligence, after any car accident in which a defendant is found liable, he or she will have to pay damages to those injured as a result, usually through an insurer. Such damages will ordinarily include compensation for medical treatment, past and future lost income, permanent bodily injury, emotional distress damages (also known as "pain and suffering"). In automobile accident lawsuits, punitive damages are not generally available, but they are an option in an automobile accident lawsuit involving a drunk driver who causes the accident.
Punitive damages in a personal injury suit are meant to punish malicious or reckless behavior, and to deter such conduct in the future. In some states, in a lawsuit for injuries suffered in a drunk-driving accident, a claim for punitive damages may be successful based on the fact that the driver at fault was drunk or legally intoxicated. In Delaware a claim for punitive damages against a drunk driver is considered on a case by case basis. If you have any questions please feel free to call the Delaware personal injury lawyers and attorneys of Knepper & Stratton at (302)658-1717 or (302)736-5500, to discuss whether you may be entitled to compensation for your injuries from the drunk driver and/or his or her insurer.
|
|
|
Proving "Under the Influence" of Alcohol or Drugs in Delaware
In establishing whether or not the drunk driver was "driving under the influence" so as to meaningfully impair his or her ability to operate a motor vehicle, your lawyer will look at a number of the following sources:
-
Police Reports: If the police came to the scene of your accident, they probably prepared a written accident report, and recorded the fact that the driver causing the accident was under the influence of alcohol and/or drugs. Sometimes the police report will indicate that the police officer cited the other driver for violating a specific Delaware traffic statute, or arrested the other driver for "driving under the influence" (DUI).
-
Witnessess: Testimony and accounts from witnesses as to the way the driver was acting (tripping, falling down, leaning on the car, combative), the way the other driver was speaking, (mumbling, slurred speech, yelling) the appearance of the other driver (flushed, blood-shot eyes) and the odor of an alcoholic beverage are very helpful in establishing whether or not the other person was under the influence of alcohol and/or drugs.
-
Expert Opinion: Testimony and opinion by medical or law enforcement experts as to how the other driver performed on standard field sobriety tests, or portable breath testing machines or upon the Intoxilyzer DUI breath machine back at the police station as well as the results of any blood testing.
If you have any questions please feel free to call the attorneys at Knepper & Stratton at (302)658-1717 or (302)736-5500, to discuss whether you may be entitled to compensation for your injuries from the drunk driver and/or his or her car insurance company.
|
|
|
|
*Please direct all mail and deliveries to the Wilmington offices of Knepper & Stratton at 1228 North King Street, Wilmington DE 19801
** By Appointment Only
|
|
The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.
Copyright © 2005-2010 by Knepper & Stratton Attorneys at Law. All rights reserved. You may reproduce materials available at this site for your own personal use and for non-commercial distribution. All copies must include this copyright statement.
The Delaware trial lawyers at Knepper & Stratton represent clients in personal injury lawsuits, employment law suits, traffic ticket defense and DUI defense throughout the State of Delaware, Kent County, Sussex County and New Castle County, including the communities of Wilmington, Newark, Middletown, Dover, Smyrna, Harrington, New Castle, Claymont, Georgetown, Rehoboth Beach, Dewey Beach, Bethany Beach, Fenwick Island, Seaford, Lewes, Camden, Wyoming, Frederica, Houston, Milford, Hockessin, Little Creek, Delaware City, Glasgow, Bear, Townsend, Elsmere, Newport, Fairfax, Talleyville, Greenville, Centerville, St. Georges, Dover AFB, Dover Air Force Base, Pike Creek, Wilton, and Port Penn for incidents occuring on the highways of Delaware including U.S. Rt. 202, I-95, I-495, U.S. Rt. 13, DE Rt. 7, U.S. Rt. 13, DE Rt. 52, U.S. Rt. 301, DE. Rt. 1, U.S. Rt. 113, DE Rt. 9, U.S. Rt. 40, Concord Pike, DE Rt. 2, Pulaski Highway, DE Rt. 72, Old Baltimore Pike, Limestone Road, DuPont Highway, Kennett Pike, Kirkwood Highway, Maryland Avenue, DE Rt. 4, DE Rt. 896, and DE Rt. 71.
|
|
|
|
KNEPPER & STRATTON - Delaware Personal Injury Lawyers & Employment Lawyers
