It is surprising at the amount of money that has spent on educating people to eliminate drunk driving and yet, even with all of the laws and education, people still drink and drive. They still get in accidents with innocent people. These drivers still badly hurt other people. When a person is injured by the careless acts of a drunk driver, Racine Olson is a law firm that can be called upon to protect the injured party’s rights, help with obtaining a fair settlement or taking the case to trial, or simply being there to listen. We’ve been doing this since the 1940s and we’re happy to help.
Idaho Law is ClearIdaho Code § 18-8001 unambiguously states:
It is unlawful for any person who is under the influence of alcohol, drugs or any other intoxicating substances, or any combination of alcohol, drugs and/or any other intoxicating substances, or who has an alcohol concentration of 0.08, as defined in subsection (4) of this section, or more, as shown by analysis of his blood, urine, or breath, to drive or be in actual physical control of a motor vehicle within this state, whether upon a highway, street or bridge, or upon public or private property open to the public.
In other words, if a driver is over .08 blood alcohol concentration, that person is considered to be under the influence. This is important because, this can be used to show that a driver under the influence of the alcohol is automatically negligent. This is often referred to as “negligent as a matter of law.” Where there is a statute or a traffic rule that governs a driver’s behavior, such as in the case of drunk driving, the violation of that rule conclusively establishes the duty and breach of the driver. Vaughn v. Porter, 140 Idaho 470, 95 P.3d 88 (Ct. App. 2004). This concept is called “negligence per se.” Therefore, when there is an accident in the roadway, it is important to obtain the police report.
However, if you feel overwhelmed at the prospect of getting the report, don’t worry about it. Racine Olson has been doing this for years and we can help. We’ll request it for you; just give us the date, place, and the names of the people involved in the accident and we’ll do the rest.
Injuries From Drunk Driving Just Keep HappeningAccording to the Center for Disease Control, more people in Idaho were killed due to drunk driving between the ages of 21 and 34 driving than the national average between 2003 and 2012. This is so scary and it affects all of us. Its amazing to think that after all the ads against drunk driving people still continue to do so injuring and killing innocent parties on the road. Unfortunately, the Center of Disease Control indicates that people in Idaho across all ages are more likely to be injured by a drunk driver than the national average. This should make all of think about the affects it has in our own lives and our loved ones.
If you or your loved one has been injured or killed by a drunk driver, we can help. We’ve done this before and we know how to obtain the largest recoveries for you. We’ll be there for you; not just fighting for your rights, but helping you through the difficult process of medical liens, subrogation interests, and providing a listening ear. We really do want to help you.
Is the Establishment That Served the Alcohol Also Liable?I get this question all the time and, it’s a good one. However, the answer is not straightforward and requires a thorough investigation of the facts surrounding each incident. In a word, a bar can be held liable for serving an obviously intoxicated person. This particular type of action though has a very short statute of limitations and so you must act immediately. A qualified attorney in Twin Falls, Boise, Idaho Falls, or Pocatello can help.
The offices of Racine Olson are familiar with the pitfalls in this area of law and help you avoid them in an effort to maximize your claim. We can analyze your case, make a plan of attack with you, and properly move the case forward. Give us a call at Racine Olson. Problem Solved.