subject: Get Help When You Have Been Injured By A Drunk Driver [print this page] If you have been injured by a drunk driver the first thing you should do is speak to the authorities so that emergency assistance and law enforcement officials can be sent to the scene. The the driver who has been drinking should be questioned and arrested if over the legal blood alcohol limit. Many individuals who have been injured because of the fault of a drunk driver are under the mistaken opinion that this automatically allows them to money damages for pain and suffering. Actually, the victim of a drunken driving accident still must prove the elements of a negligence case. Those elements include fault, causality, and qualifying damage.
If you are hit a drunk driver it is normally fairly basic to demonstrate that the accident was the carelessness of the drunk driver.
The next element is termed proximate cause. Proximate cause suggests that it can be proved that the traumas sustained were the distinct result of the crash. If the injury victim has had preceding injuries involving the same body part proximate cause may be questioned.
The element of a "qualifying injury" refers to the seriousness of the injuries sustained. Even if you can prove that a drunk driver's disregard triggered a physical injury to you, you must still satisfy the "serious injury" threshold which will make it possible for a personal injury cause of action to be initiated.
Severe injuries include but are not limited to death, dismemberment, fracture, or permanent loss of a body organ, member, or system. The definition includes numerous other kinds of injuries that will meet the criteria including one that prevents a person from accomplishing their usual and routine day-to-day routines for at least 90 of the first 180 days subsequent to the vehicle crash.
So that you can properly navigate the intricate legal issues that can arise from personal injuries caused by a drunk driving occurrence, it's crucial to know about your choices from an experienced local injury lawyer.
by: Jim Swanson.
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