It doesn’t matter where you go, whether on the freeway, listening to the radio, or driving down the street in town, everywhere people are reminded not to drink and drive. There are stories in the newspaper which talk about the tragedies that occur when people engage in that activity. There are television commercials that bombard us with information about drinking and driving. There are often even vehicles parked in strategic locations that have suffered severe damage as a result of a drunk driver. However, in spite of all of these reminders of the strict prohibition against drinking and driving, people still do it. When they do drink and then get behind the steering wheel of a motor vehicle, bad things happen, including property damage and severe accidents which injur and/or kill innocent people. Your Idaho Falls Drunk Driving Accident Attorneys at Racine Olson have been working to care for people who have suffered the ill effects of drunk driving since approximately 1940. We are still doing that today, and we’d be happy to help you.
Drunk Driving is Negligence per seThe Idaho statutes clearly provide that it is unlawful for any person to drive with a blood alcohol content over 0.08. In other words, when a person is found to be driving with an alcohol level above 0.08, that person is automatically deemed to be both driving drunk and driving under the influence of alcohol. In other words, that person is automatically negligent as a matter of law or, stated another way, is negligent per se.
This concept of negligence per se is important because, when a person is found to have violated a law like this one, then the injured person no longer has to prove liability or fault at trial. This concept is referred to as “negligence per se”. Because fault is eliminated from the trial, the injured person only has to prove the amount of his or her damages and injuries.
When an attorney is familiar with this concept, it often means pressure can be brought to bear on the insurance company. This means quicker settlements of a higher monetary value for the injured person. Experienced attorneys defending such claims understand that it is in their client’s best interest to settle the case rather than to go to trial.
Damages Available From Drunk Driving CasesWhen a person is injured as a result of a drunk driver, he or she is entitled to have property damage paid for, medical bills reimbursed, lost wages paid, and the loss of future earning capacity compensated for. In addition, the injured person is entitled to damages for pain and suffering. Finally, punitive damages are often awarded in these cases due to the outrageous behavior of a drunk driver. These damages punish the offending party for that behavior in an effort to deter them from engaging in such conduct in the future.
Your Drunk Driving Accident Attorneys at Racine Olson in Idaho Falls understand these laws, as well as the damages that are available to you, and are happy to help you when you need us. We look forward to maximizing your claim to its highest value. Problem Solved.