Drunk Driving Accident FAQ

Carol Rosenbloom Associates, LLC | Pittsburgh, Pennsylvania

Frequently Asked Questions about Drunk Driving Accidents

Q: I was involved in an accident where the other driver was using an illegal drug. Does the law operate similarly for drugs and alcohol?

A:Yes. The phrases "driving while intoxicated" (DWI) and "driving under the influence" (DUI) as used in most states do not refer to just drinking and driving. DWI and DUI can also mean that the driver was using a vehicle while under the influence of an illegal drug, such as marijuana or cocaine, or even a prescription drug.

Q:I was partly at fault for my car accident, but the other driver was legally intoxicated. What happens now?

A:In most states, something called "comparative negligence" applies, where people found responsible for a car accident pay damages according to their respective degree of fault. For example, if you are deemed 20% responsible, any compensation you receive will be reduced by 20%, e.g. a $100,000 award will be $80,000.

Q:My daughter was involved in a car accident with a drunk driver who had just left a bar. Is there any way to sue the bar?

A:In some situations, in addition to the driver himself, the provider of alcohol to a drunk driver (often a bar or restaurant) can be found liable for your injuries, especially if the driver was obviously intoxicated when drinks were served.

Q:What should I do if I'm involved in a car accident with a drunk driver?

A:The most important thing you can do is document the entire situation by taking careful notes soon after your accident, including the detail of the accident, witnesses, your injuries, and the effects of those injuries. The next step is to contact an experienced attorney.

Q:y people other than those involved in a car accident bring a lawsuit for that accident?

A:Yes. Legal representatives of someone injured or killed in a car accident may bring a lawsuit, as can close family members who witnessed the accident, under certain circumstances. In some instances, the spouse of an injured person may also have a legal claim.

Q:What does blood alcohol concentration measure?

A:Blood alcohol concentration (BAC) describes the amount of alcohol in a person's blood expressed as weight of alcohol per unit of volume of blood. For example, at 0.08 percent BAC, there is 80 mg of alcohol per 100 ml of blood. For most legal purposes, a blood sample is not necessary to determine a person's BAC. It can be measured more simply by analyzing exhaled breath.

Q:Must I tell the police if I am in an accident?

A:Alert the police immediately if someone is hurt or killed. Generally, if the accident involves a death, personal injury, or property damage above a specific amount (that varies among states) you must notify the police and file a written accident report immediately, or within a short time span, usually five to ten days.

Q:I was a passenger in a car driven by a drunk driver, and I was injured when he crashed into a fence. Can I sue him?

A:Yes. Even if you were injured as a passenger in a vehicle that was driven by a drunk driver who was at fault for an 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.

Q:How long after a drunk driving accident can I bring a lawsuit for my injuries?