There are two scenarios with any type of car accident. It was either all or partially your fault, or it was all or partially the fault of another driver. This is where the issue of negligence is applied. If it can be proven that the other driver was negligent, you can seek compensation for damages directly caused by them. Being struck by a drunk driver almost always would be a clearcut example of negligence.
Drunk driving crashes are often devastating for families. Victims are likely to suffer physically, emotionally, and financially. Each Jackson drunk driving accident lawyer at Pittman, Roberts & Welsh, PLLC understands that these collisions are 100% preventable, which is why we’re dedicated to representing crash victims to ensure they receive the compensation needed to recover.
Every day, innocent victims are seriously or fatally injured because someone else decides to drive under the influence of alcohol. Our Mississippi justice system entitles the victims of drunk driving accidents in Jackson to hold the negligent party responsible for their actions.
If you’ve been injured by an intoxicated driver, we’re available to explain your rights and legal options to you during a free consultation. You don’t have to wait for the outcome of a drunk driving arrest. You can take the initial steps to seek fair compensation immediately. Reach out for a free consultation with one of our attorneys now.
Mississippi Drunk Driving Statistics
Drunk drivers get behind the wheel millions of times every year, which is why one in three accidents involve alcohol. According to the National Highway Traffic Safety Administration (NHTSA), around 13,524 in the United States were killed in drunk-driving crashes in 2022, which equals one person every 39 minutes. The decision to drink and drive claims hundreds of lives each year.
Additional NHTSA statistics show that, in 2022, 772 lives were lost on Mississippi roads. Among those, 24% of those accidents involved alcohol. To make matters worse, 13% of the crashes involved a driver who had a blood alcohol concentration level over 0.15 — nearly double (or more) than the legal limit.
Why It Is So Dangerous To Drive Under the Influence of Alcohol
Based on the numbers above, it’s clear that getting behind the wheel after drinking is incredibly dangerous – and sometimes deadly. The question is, why is it that dangerous? Understanding how the brain functions on alcohol may give you a better understanding of why so many accidents happen and why no one should ever drive after drinking.
Even small amounts of alcohol can seriously inhibit a person’s ability to drive. Let’s take a look at the most common effects alcohol has on drivers. Those include:
- Decreased Reaction Time. When alcohol is in your system, it affects how quickly you’re able to respond to different situations. In general, your reaction times are significantly slowed. It takes your brain longer to process information, which means it will take longer to act appropriately. In the event a car stops suddenly in front of a drunk driver, the intoxicated driver could rear-end the person in front of them.
- Poor Coordination. Excessive drinking affects motor skills, like eye, hand, and foot coordination. Those skills are crucial while behind the wheel. Someone who is extremely intoxicated may even have difficulty starting their car. If a person is having trouble walking, is swaying, or is unable to stand up straight and is attempting to drive, you may want to find some way to intervene.
- Inhibited Judgment. Your brain controls how you judge the situations you’re in. While operating a vehicle, the driver has to stay alert and aware of the surrounding conditions so they can make sound decisions. Alcohol inhibits the ability to do this.
- Impaired Vision. After drinking excessively, a person is likely to notice their vision is blurred or that they are unable to control their eye movements. While driving, impaired vision can affect how individuals judge the distance between other vehicles on the road. Peripheral vision can also be affected, which is especially dangerous when a motorist is changing lanes.
It is very likely that a drunk driver might not even remember getting in their car or causing the accident. That does not absolve them of any responsibility. In fact, it can just make things worse for them.
Your Jackson drunk driving accident lawyer will conduct a thorough investigation about all the conditions that contributed to your accident. Those factors will play a key role in presenting your story about what happened to justify the compensation you’re seeking.
Holding Drunk Drivers Responsible for the Jackson Accidents They Cause
If you’ve been hurt in or lost a loved one to a collision with an intoxicated motorist, a Jackson drunk driving accident lawyer in our office can help you hold that person accountable for their actions. The Mississippi law on impaired driving states the following:
“It is unlawful for any person to drive or otherwise operate a vehicle within this state who (a) is under the influence of intoxicating liquor; (b) is under the influence of any other substance which has impaired such person’s ability to operate a motor vehicle.”
Here are the specifics of what constitutes driving under the influence of alcohol:
- Non-commercial drivers over the age of 21 are considered legally drunk when their blood alcohol level is 0.08 % or higher.
- Truck drivers, i.e., those operating commercial vehicles, are legally drunk when their blood alcohol concentration is 0.04 % or greater. In Mississippi, school bus drivers are also considered commercial drivers.
- Anyone under the age of 21 is considered legally drunk when their blood alcohol level is 0.02 % or greater.
Violations of any of the statutes above may result in the following penalties:
- A first offense can result in up to 48 hours in jail, a fine of $250 to $1,000, and a 90-day license suspension.
- A second offense will result in five days to one year in jail, a $600 to $1,500 fine, a two-year license suspension, and a required ignition interlock device.
- A third offense can result in one to five years in jail, a fine of $2,000 to $5,000, a five-year license suspension, and a required ignition interlock device.
How a Motorist’s Drunk Driving Conviction Supports Your Hinds County Personal Injury Claim
Despite the risk of fines, jail time or suspension of the license, there are still drivers who get behind the wheel while under the influence of drugs or alcohol. The first indication someone may be driving under the influence (DUI) might come from a police officer who observes erratic driving.
After pulling over a driver who is suspected of driving under the influence, the officer can conduct a series of field sobriety tests or administer a breathalyzer. If the driver fails any one of those tests, they will be immediately placed under arrest, and their car will be impounded.
If the driver refuses to submit to the test, they can also be immediately placed under arrest and have their license suspended under Mississippi implied consent laws. In other words, the police are not going to let someone they suspect of driving under the influence continue on their journey.
If someone is arrested for a third DUI offense within a five-year period, it automatically becomes a felony charge. Additionally, felony charges come with an accident that results in injury or death. An arrest for a DUI is a clear indication of negligence, and repeated charges for the same criminal offense only substantiate a person’s addiction and their repeated lack of regard for their fellow drivers’ safety.
A DUI arrest is a matter for the criminal courts to resolve. That can support your insurance claim and any eventual lawsuit against the at-fault driver. Even an insurance company will find it hard to challenge their insured’s DUI conviction. If you file a personal injury lawsuit, it will be in civil court. The same evidence can be presented in both trials, but you would only receive a monetary settlement in civil court.
Any Jackson drunk driving accident lawyer in our office that you speak with can further explain the intersection between criminal and civil matters in this instance to you during your initial consultation with them. So, schedule that meeting with one of our attorneys now.
Securing a Financial Settlement Against the Intoxicated Motorist Who Struck You
When someone gets behind the wheel of a vehicle when they’re impaired, they are already acting in a reckless manner. Many times, these actions can lead to serious consequences for other drivers, including serious injuries, property damage, and even death.
If you have been involved in an accident with a drunk driver, you have legal options. When a drunk individual chooses to become intoxicated and drive, becoming involved in an accident, they have breached their duty of care, which is the responsibility they had to operate their vehicle safely and avoid causing harm to others.
The responsibility rests on your shoulders to establish causation. In other words, you must connect the dots showing how an individual became drunk, that intoxication contributed to them becoming involved in a crash, and how the wreck caused you to suffer injuries or a loved one’s death and associated losses.
Provided you can prove all this, you have the makings of a solid drunk driving accident lawsuit, which may allow you to recover compensation for:
- Medical expenses
- Lost wages
- Pain and suffering
- Property damage
If you want to make sure they’re punished in every possible way for their negligent actions, be sure to consult with our Jackson drunk driving accident attorneys. Consultations are always complimentary at Pittman, Roberts & Welsh, PLLC.
Choosing a Jackson Drunk Driving Accident Lawyer To Represent You
It’s normal to feel overwhelmed after being in a car crash. You may be worried about your injuries, your financial situation when you can go back to work, and what you should do about your damaged vehicle.
We believe you should be focusing on your recovery the most. In an accident that involves a DUI, you can also experience anger and hopelessness.
We want to offer support that can bring some measure of closure. Each Jackson drunk driving accident lawyer on our team has the experience and knowledge needed to produce a successful outcome for your claim.
If you choose to have us represent you, you can count on us at Pittman, Roberts & Welsh, PLLC to help you manage the paperwork and deal with insurance companies so you can work on healing and moving past what you’ve been through. For more information or for a free consultation, contact our office today.
