Montgomery County, MD DWI Lawyers
When Poor Judgment Leads to DWI
If someone’s poor judgement has led them to drive while intoxicated and they have injured you in an auto accident, discussing your situation with Montgomery County, MD DWI lawyers can inform you about your rights and may help you to make more informed decisions about what to do next.
Those who have had alcohol before have probably felt its effects in one way, or another. Alcohol can be used as a way for people to unwind after a rough work week, or as a component of their celebration or get together. Having a couple drinks can lead to body changes that many enjoy, including a relaxed demeanor and a more joyful outlook. However, there are also downsides to alcohol, particularly when it comes to trying to drive after having even a small amount. One of the main mental functions that can become flawed when we drink, is the decrease in our ability to make sound decisions.
In the article to follow, we have answered a series of common questions people may have about DWI charges, and what you can do to seek justice with the help of Montgomery County MD, DWI lawyers if you or someone close to you has been injured by an intoxicated driver.
What does it mean to be arrested for a DWI?
The acronym DWI stands for driving while intoxicated or impaired. It is crucial to note that someone does not have to have a blood alcohol content (BAC) level exceeding the legal limit of 0.08 percent, in order to be arrested for driving under the influence. A driver can be arrested for a DWI if the officer determined he or she was not able to drive safely due to any amount of alcohol or another drug.
What other functions can be impaired when someone is intoxicated?
Each person’s body may respond differently when it comes to drinking alcohol. For some, a drink or two may not even really be felt at all. While on the other hand, a couple drinks may be plenty enough for another person to feel outright drunk. When an intoxicated driver injures others, they may be liable for expenses related to the victim(s) injuries regardless of whether they just had one too many or were flat out drunk or intoxicated from other substances.
When a person is intoxicated, they may start to exhibit the following mental or physical function impairments:
- Blurry or double vision
- Saying or doing things they typically wouldn’t
- Feeling less cautious and more rebellious
- Slurred speech
- Inability to walk or stand strongly on two feet
- Loss of fine motor skills
- Incapable of performing complex tasks
If you have been injured in an accident with a driver displaying any of the above (or indicators not mentioned here) it may be in your best interest to get counsel from Montgomery County, MD DWI lawyers.
What could someone do if they are not sure whether it is safe to drive home?
Someone who has to question whether they should drive home, probably means he or she truly shouldn’t. If you have any doubts about whether you are fully sober, it may be best to just assume that you need more time. Those who are actually sober usually do not doubt whether they are in this state or not. There are plenty of backup options for those who intended to drive home, but have had too much to drink to make the journey after all:
- Calling a loved one who was not at the party for a ride
- Using a ride sharing app on their phone
- Catching a lift with a friend who was the designated sober driver
- Taking public transportation
If you or someone you love is the victim of an intoxicated driver’s poor judgement, you should try to hold the driver liable for your pain and suffering and other expenses related to your injuries with the help of Montgomery County, MD DWI lawyers.
What can I do to seek compensation if I was hit by a driver who was DWI?
If you were involved in an accident where the driver was intoxicated or impaired, and you suffered financial or physical damages, you may want to consider meeting with a lawyer. Depending on the details regarding how the crash happened, you may be entitled to receive compensation.
Which Factors Can Affect My Case?
Being injured by a drunk driver is a frightening experience. If you have suffered serious bodily injury due to the actions of a drunk driver you have the right to file a civil lawsuit against the driver and sue for the damages you suffered during the automobile accident.
The driver does not need to be convicted of a DUI before a civil lawsuit is filed. Passengers in the DUI driver’s automobile can file a complaint against the drunk driver. Also, other drivers and pedestrians have the right to file a civil lawsuit against the drunk driver.
The injured Plaintiff needs to prove that the driver was negligent under the laws of the State of Maryland. Specific provisions of the applicable code sections in the State of Maryland will provide guidance on the elements that need to be proved to establish liability.
What Damges Can I Recover After Being Struck By A Drunk Driver?
The damages that an injured driver can recover after being injured by a drunk driver include damages for medical bills, pain and suffering, and property damage. Also, an injured driver can recover damages for lost wages and lost earning capacity due to the injuries that forced the injured driver to miss time from work. In the case of a civil lawsuit involving a drunk driver you can claim punitive damages to punish the defendant for his or her wrongdoing.
If you are a family member of a person who was injured or killed during an automobile accident caused by a drunk driver you can also claim damages for wrongful death, loss of consortium, and under the survival statute.
A driver is drunk when alcohol impairs his or her ability to operate a motor vehicle in a safe manner. The injured party must prove that the defendant was negligent and that the injured party suffered damages as a result of this negligent act.
Drivers owe a duty of care to other motorists and pedestrian using the roadways and highways in the state. When a driver fails to use reasonable care to prevent harm to other drivers and passengers the driver may be considered negligent under the laws of the state.
Negligence per se happens when a defendant violates a statute designed to protect a specific class of people from a specific type of harm. The violation of the statute is proof of negligence.
A defendant does not need to be found guilty of the crime of DUI before a Plaintiff can file a complaint for damages. Civil law and criminal law are separate fields of law and both fields serve different purposes. Civil law compensates victims of wrongful acts committed by negligent parties. Criminal laws punish drunk drivers and deter other drivers from driving under the influence of alcohol or drugs.
Contact Cohen & Cohen Attorneys Today To Schedule A Free Consultation
Contact Cohen & Cohen, P.C. today to schedule a free consultation during which we can discuss the facts of your case and how the law may apply to those facts. If you are seeking a Montgomery County, Maryland DUI attorney contact our office today. Call us at (301) 250-1957 to learn more about the legal services we offer.