The intoxication level at the time of the drunk driving accident of the person who injured you or injured or killed your loved one is not always what is listed on the accident report or the medical records. Depending on when the test was performed, the blood alcohol content of the driver may have been much higher at the time of the collision that caused serious injury or death. Accordingly, some whose level of intoxication shows .08 at the time of testing two hours later, a delay which often occurs when injury has been sustained by the drunk driver as well as the drunk driving victim, likely had a substantially higher BAC at the time of the collision. Expert medical testimony can be instrumental in showing the level of intoxication of a drunk driver. The level of intoxication can be important in showing the level of negligence and recklessness. Why is it important to determine just how drunk the drunk driver was when he struck you or your loved one? How drunk the person who hit you or your loved one can impact the strength of a punitive damages claim or lawsuit, which damages punish the drunk driver and serve to deter such conduct causing serious injury and death in the future.
Drunk driving cases often involve a host of unique legal issues, including insurance issues, responsible party issues, level of intoxication issues, collection issues, and more. Moreover, responsible parties including the drunk driver or the restaurant or bar that negligently served alcohol to the obviously impaired person, and their insurance companies have a major incentive to attempt to avoid liability, responsibility and accountability for your injuries and damages or the death of your loved one and often go to great lengths to defend against such claims, cases and lawsuits. If you or a loved one have been injured due to the negligence of a drunk driver, contact an experienced drunk driving personal injury lawyer or drunk driving wrongful death attorney immediately. Early investigation and protection of your rights can make all the difference in a drunk driving case.