DRUNK DRIVING ACCIDENTS There is a major epidemic threatening the people of Nevada, in 2008 it killed 113 people. It is not the swine flu or Ebola. This dirge of destruction is drunk driving accidents. In America there were an amazing 11,773 deaths attributed to drunk drivers. This is pathetic; but the most pathetic reality of drunk driving is that it is so easily prevented! If drunk drivers only stop getting behind the wheel of their cars this menace would end tomorrow! If you or a loved one is a victim of a drunk driver ‘Shook and Stone’ will get you the compensation you deserve. But, a ‘Driving Under the Influence’ charge can be complicated. Often alcohol is not responsible for the diminished capacity. Illegal drugs and legal medications are frequently responsible for the impaired condition of the driver; in reality they can be just as dangerous as alcohol! Everyone knows a drink or two can impair you ability to drive. But, most people do not know how to judge the affects of drugs. Sometimes a person takes a drug for the first time and has no idea it can influence their behavior. Others might have accidently taken the medication twice, and were unaware they were being affected. And, still others combine medications, or combine a medication with alcohol, and the combination of the two impairs their abilities. These people did not intentionally become intoxicated, but they are still guilty of driving under the influence. No matter what you have consumed to become intoxicated, or what you have done to try to sober up, you should not get behind the wheel unless you can: Ø Concentrate Ø Move in a coordinated manner Ø Demonstrate a capacity to judge distance and speed Ø Display common sense Ø Show an ordinary concern for other people on the road Although the cause of the impairment may be a confusing issue, the affect of the drugs or alcohol is something you should be aware of. Every kind of alcohol can influence your ability to drive. Any of the following can get you arrested: Ø One 12 ounces bottle of beer Ø One 5 ounce glass of wine Ø One shot of liquor None of the following will sober you up: Ø One cup of coffee Ø One session of exercise Ø One walk in fresh air Ø One cold shower The following will sober you up: Ø Time If you are in doubt as to your ability to drive do not drive! Almost everyone who has ever been in a serious drunk driving accident wishes they can turn back time and call a taxi. Taxis are cheap; arrest and imprisonment are not! Keep in mind, when you choose to drink and drive the law considers that you have a blatant disregard for the safety of society. When you demonstrate this contempt for society, many judges, or juries, will show the same contempt to you. DUI STATISTICS Mothers Against Drunk Drivers have some alarming statistics on their website. These statistics draw attention to the serious nature of drunk driving: Ø Over 11,770 people were killed in drunk driving accidents across the country in 2008 Ø Someone is killed in a drunk driving accident every 45 minutes Ø Nearly one-third of all drivers who have been arrested or convicted of drunk driving are repeat offenders Ø Seventy two percent of impaired drivers who are injured in a car accident are never charged with the crime of DUI Ø It has been estimated that 40 to 90 percent of stores sell to underage individuals DUI INJURIES When you get behind the wheel while intoxicated you can cause serious injuries, debilitating harm and sometimes death. And, the destruction can be widespread. Some drivers have struck several cars; or they have bounced off a car and hit a motorcyclist, a bicyclist or a pedestrian. Because intoxicated drivers aren’t always aware of how fast they are going, or where they are going, drunk driving accidents often involve head-on collisions. Consequently, the injuries are usually catastrophic. Some injuries suffered by victims of drunk driving accidents include: Ø Head trauma Ø Brain damage Ø Spinal cord injuries Ø Neck and back injuries Ø Amputation Ø Disfigurement Ø Burns It is difficult to determine the financial impact of injuries such as head or spinal cord injuries because it is hard to determine how long the injuries will last, how they can change a life, or if they can cause other physical harm. PROTECT YOURSELF If you are going out and think you may have more than two drinks select a designated driver, someone who is responsible enough to honor their commitment to remain sober. If you can’t do that then ask someone for a ride, use the services of a taxi, or take a bus. In those instances where you know a friend of yours has been drinking or using drugs, do the right thing; do not let them drive a car. Offer to pay for their taxi or take them home yourself. Be a friend, do what you must to find a safe ride home for them. When you are on the road you should remain alert for drunk drivers and try to stay out of their way. A drunk driver will display certain signs that you need to watch out for. AAA states that some of the warning signs that a driver is intoxicated include: Ø Driving too fast or too slow Ø Repeatedly crossing the center line Ø Weaving within their own traffic lane Ø Inconsistent signaling Ø Going through stop signs or other signals Ø Erratic accelerating and braking Ø Running off the pavement Ø Driving at night with their headlights off, or an interior light on Ø Stopping for no reason Ø Making erratic lane changes If you notice that someone is showing any of these signs, you should call the police immediately. However, for you own safety do not: Ø Try to stop the drunk driver Ø Follow too closely behind them Ø Try to pass them Ø Attempt to restrain the driver if they do stop Ø Speed up to catch up with them Ø Become distracted as you watch them Stay alert; drunk drivers are capable of doing anything. DUI PENALITIES Nevada considers drunk driving to be an atrocious crime and has very strong laws to prevent it. A person can be convicted of the crime of driving under the influence if the driver is: Ø An adult sitting in the car with the intent to drive, or actually driving a car and has a blood alcohol content of .08 percent or greater. Ø Someone under the age of 21 with a blood alcohol content of .02 or greater Ø Anyone operating a large truck or commercial vehicle with a blood alcohol content of .04 or greater Ø Anyone, regardless of age or blood alcohol content, who is unable to drive because of drugs or medication Nevada has tough penalties for those who violate the trust of society and decide to drive under the influence. These penalties include: Ø Expensive fines Ø Driver’s license revocation or suspension Ø Car impoundment Ø Community service Ø DUI School Ø Alcohol treatment program Ø Imprisonment Ø Probation SHOOK AND STONE The dictionary defines an accident as: “an undesirable or unfortunate happening that occurs unintentionally and usually results in harm, injury, damage, or loss; casualty; mishap: automobile accidents.” But if you are involved in a car accident with a drunk driver, it is no accident; because it was intentional! When a drunk gets behind the wheel of his car he knows his judgment and skills are impaired! He knows he is dangerous. This mind-set is a reckless indifference towards the well being of others. Because of this wanton behavior the district attorney’s office will file criminal charges against the drunk driver. But the drunk driver should be held financially responsible as well as criminally accountable. Therefore, it is up to you to file your own case against the negligent driver. This civil suit will provide you the compensation you need for the injuries and property damage inflicted upon you and your vehicle. At ‘Shook and Stone’ we will fight on your behalf to recover compensation for: Ø All current related medical care Ø Future medical care Ø Current lost wages Ø Future lost wages Ø Property damages Ø Out of pocket expenses Ø Loss of enjoyment of life Ø Pain and suffering Getting you just compensation is not easy. Compounding the frustration of drunk driving accident victims are the hard-fisted tactics of the insurance companies. The insurance company will inevitably try to pay less than what is legally owed. The insurance company sometimes defends the drunk driver's wrongful conduct in an attempt to reduce the damages you are entitled to receive. ‘Shook and Stone’ will help you through the red tape of insurance companies and fight for the compensation you need. In addition, in a serious drunk driving accident, the driver’s insurance company may not cover all the damages you deserve. When this happens the only recourse for a victim is a civil case. In a civil case the key factor is to establish that the driver was actually ‘under the influence’ to such a degree that his judgment and ability to drive, was significantly impaired. In a drunk driving case, a plaintiff must establish that the driver voluntarily drank to the point of intoxication knowing he or she would be behind the wheel. It is also crucial to establish that the driver was aware of the probable dangerous consequences of his conduct, and that the driver willfully and deliberately failed to avoid those consequences. When we make it known that the driver acted with conscious disregard for the safety of others it will allow for the award of punitive damages, which will dramatically increase the compensation award. Shook and Stone will obtain the maximum settlement for the families of those who have been injured or lost a loved one due to the reckless irresponsibility of drunk drivers. As a drunk driving accident victim you have rights, and Shook and Stone’s’ aim is to protect those rights. All drunk driving accidents involve complicated legal issues. Anyone involved in a drunk driving accident will have attorneys working to protect their interests. They will try to prevent you from getting the compensation you deserve. If you or someone you love was badly injured in a Nevada drunk driving accident, you must contact Shook and Stone. We are an experienced drunk driving accident law firm. Please, fill out a short legal consultation form. It is free. It is confidential. Fight for your legal rights. Get "The Benefits of the Shook & Stone Excellence!" |