In the vibrant city of Lexington, navigating legal matters can be complex, especially when it comes to drunk driving charges. Of the total car crash fatalities that occurred in Kentucky in 2019, at least 20.5% were the result of alcohol-impaired driving, according to the Foundation for Advancing Alcohol Responsibility. That same year, our state saw 15,570 arrests for driving under the influence.
Kentucky is no stranger to these tragedies and is, unfortunately, home to one of the deadliest drunk- driving crashes in U.S. history. As Mothers Against Drunk Driving (MADD) describes it, “On May 14, 1988, a wrong-way driver with a blood alcohol concentration three times today’s legal limit crashed head-on into a bus carrying 67 people home from a day at King’s Island amusement park just over the Ohio border. Within moments of impact, the bus exploded into flames. Twenty-seven people died, including 24 children. Thirty-four others were injured.”
Drunk driving accidents can have devastating consequences, causing serious injuries and fatalities to innocent victims.
In the aftermath of such tragedies, it’s crucial for victims and their families to seek legal representation from a knowledgeable and compassionate Lexington drunk driving lawyer who can help them navigate the complexities of the legal system.
If you have been hurt in a drunk driving crash or a close family member has died in one, our team at Peterson Law Office is here to help. Seek justice against the intoxicated motorist who harmed you to the fullest extent the law allows. Contact us for a free case review so one of our attorneys can advise you of your right to seek compensation for that driver’s reckless actions.
Effects of Driving Under the Influence
Alcohol concentration can be measured through a blood alcohol content (BAC) or a breath alcohol concentration (BrAC). According to the Kentucky Transportation Cabinet, adult drivers with a BAC index of .08 or above or a person under age 21 with .02 or higher would be considered legally impaired. These numbers are important as the higher a person’s BAC is, the more likely they are to experience impairments.
Alcohol impairs the human brain in many ways that negatively affect a driver’s ability to operate a motor vehicle. Challenges drunk drivers face include:
- Slowed reaction times
- Blurred vision
- Decreased alertness
- Drowsiness
- Risk of loss of consciousness
- Poor coordination
- Diminished spatial awareness
- Weakened judgment and decision-making skills
- Confusion
- Lack of control leading to risky, reckless, and aggressive driving behaviors
Why You Need Legal Representation If an Intoxicated Motorist Hurt You
Seeking legal representation from a drunk driving lawyer is essential for several reasons.
Firstly, these attorneys have the experience and expertise necessary to navigate the complexities of drunk driving accident cases, ensuring that your rights are protected and your interests are represented effectively.
Having an attorney on your side can also alleviate some of the burdens associated with pursuing a legal claim, allowing you and your family to focus on their recovery and healing process.
A drunk driving lawyer can also help level the playing field when going up against insurance companies and defense attorneys who may try to minimize your injuries or shift blame away from the intoxicated driver.
By having a skilled advocate fighting on their behalf, you increase your chances of securing maximum compensation for your losses and holding the negligent party accountable for their actions.
How a Lexington Drunk Driving Accident Lawyer Helps You Seek Justice
One of the primary roles of a drunk driving lawyer is to seek justice for their clients.
This involves holding the intoxicated driver responsible for their negligent actions and pursuing financial compensation for their accident-related losses like:
- Medical expenses
- Lost wages
- Pain and suffering
- Other damages
These attorneys have a deep understanding of the laws governing drunk driving accidents and can provide you with invaluable guidance and support throughout the legal process.
By aggressively advocating for their client’s rights, lawyers seek fair and just outcomes that provide victims and families with the resources they need to rebuild their lives in the aftermath of a devastating accident.
If you’ve been hurt by an intoxicated motorist and are seeking a strong advocate, a Lexington drunk driving lawyer in our office is ready to help. Contact us at Peterson Law Office for a complimentary case review to better understand your legal options.
Legal Services DUI Injury Lawyers Offer
Attorneys specializing in drunk driving claims offer a wide range of legal services to their clients, tailored to meet their individual needs and circumstances.
These services may include:
- Case Evaluation: We conduct a thorough review of the facts surrounding the drunk driving accident to determine the viability of a potential legal claim.
- Investigation: Our legal team at Peterson Law Office gathers evidence, interviews witnesses, and works with accident reconstruction experts to build a strong case on your behalf.
- Negotiation: We engage in negotiations with insurance companies and defense attorneys with the intention of securing a fair settlement that adequately compensates you for your losses.
- Litigation: Your legal representative will file a lawsuit and represent you in court if a fair settlement cannot be reached through negotiation pre-trial.
- Emotional Support: If you hire our firm, you can count on your attorney to provide compassionate support and guidance throughout the legal process.
Criminal Vs. Civil Drunk Driving Laws in Kentucky
When it comes to drunk driving, both civil and criminal law can come into play, often with different purposes and consequences.
Criminal DUI Cases
The following are typical characteristics of criminal drunk driving cases:
- Prosecution: If someone is caught driving under the influence (DUI) or driving while intoxicated (DWI), they can face criminal charges. The purpose of criminal law is to punish individuals who have committed offenses against society. In criminal law, drunk driving is typically prosecuted by the state.
- Penalties: Penalties for drunk driving can include fines, license suspension or revocation, mandatory alcohol education programs, community service, and even imprisonment, especially for repeat offenders or cases involving accidents resulting in injury or death.
- Burden of Proof: In criminal cases, the burden of proof is “beyond a reasonable doubt.” This means the prosecutor must prove, beyond a reasonable doubt, that the accused was driving under the influence.
Civil Drunk Driving Cases
Unique aspects of these types of cases are as follows:
- Liability: In civil law, drunk drivers can also be held liable for any damages they cause in accidents. This could include property damage, medical expenses, lost wages, pain and suffering, and other related costs.
- Purpose: Civil law focuses on resolving disputes between individuals or entities. In the case of drunk driving accidents, the purpose is generally to compensate the victims for their losses rather than to punish the offender.
- Burden of Proof: The burden of proof in civil cases is lower than in criminal cases. It’s typically “preponderance of the evidence,” which means the plaintiff must show that it is more likely than not that the defendant’s actions caused harm.
Civil and criminal cases arising from the same incident are usually separate proceedings. This means that a person can be acquitted of criminal charges but still be found liable in a civil lawsuit or vice versa.
While civil and criminal cases can proceed separately, there are legal principles like double jeopardy, which prevent a person from being tried twice for the same offense in criminal court.
However, this doesn’t prevent a civil lawsuit from proceeding after a criminal trial.
Overall, both civil and criminal law play important roles in addressing the consequences of drunk driving, with criminal law focusing on punishment and deterrence, while civil law focuses on compensation for victims.
Seeking Justice and Recovering Compensation If a Drunk Driver Hurt You in Lexington, KY
Centers for Disease Control and Prevention (CDC) data shows that just over 10,000 people are killed in the United States each year in crashes that involve an alcohol-impaired driver.
In the aftermath of a drunk driving accident, injury victims like yourself or surviving family members of those killed in DUI crashes may face significant challenges as they try to rebuild their lives.
Seeking legal representation from a qualified lawyer is crucial for ensuring that your rights are protected and that you receive the compensation you deserve for your injuries and losses.
At Peterson Law Office, our attorneys play a vital role in helping you seek justice and holding intoxicated drivers accountable for their negligent actions, ultimately helping to prevent future tragedies on the roadways.
If you or a loved one has been injured or killed in a drunk-driving incident, contact us today. We’ll connect you with a Lexington drunk driving lawyer who will want to know more about the moments leading up to your or a family member’s crash before advising you of your potential right to compensation.
