Accidents occur throughout the state of Kentucky daily, but rarely are there crashes that are as unfathomable as the one that happened on January 6, 2019.
The suspect, who was believed to be intoxicated at the time, drove the wrong way down Interstate 75 and struck an SUV head-on, which was carrying a family of five who were visiting the state from Michigan. In this instance, all six people (including the driver) were killed.
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More about the Story Just Outside Louisville
It was 2:30 am in Lexington when a pickup truck was heading southbound on the northbound side of the highway. It slammed into the family of five’s SUV, and the SUV ignited into flames.
The family that was initially from Northville, Michigan, were traveling through the state on their way back from their Florida vacation.
Multiple witnesses had already called 911 to report the vehicle driving down the wrong side of the highway. Witnesses state the driver was not only going the wrong way on the Interstate but speeding excessively.
At the time of the accident, the toxicology report had not been completed – but the coroner’s office suspected alcohol was involved.
Unfortunately, this was the second crash in three days on Interstate 75, which is a busy corridor for those traveling from Florida north and up to Canada. The previous accident involved two tractor-trailers that killed seven individuals – five of which were children on their way to Walt Disney World.
Contact Gladstein Law Firm, PLLC
online or by calling 502-791-9000.
Drunk Driving Accidents Are Still Claiming More Lives Despite Public Awareness
Despite the programs and legislatures passed to help limit the number of drunk drivers on the road, the Centers for Disease Control and Prevention (CDC) state that, in 2016, there were 10,497 deaths from DUI-related accidents and it accounted for 28 percent of traffic-related fatalities.
The National Highway Traffic Safety Administration (NHTSA) estimates that one person died every 48 minutes in a DUI-related accident in 2017. In 2017, the number of deaths from DUI accidents totaled 10,874 – moving up from the previous year.
It is a crime to drive while intoxicated, and when an accident occurs that results in injury or fatalities, it becomes a more severe crime.
With services like Uber and Lyft available now, there is no excuse for a person to drive drunk anywhere in the state.
Why Motorists Still Choose to Drive Intoxicated
In Kentucky, it is illegal to operate a vehicle once your blood alcohol content is over 0.08 percent. For some people, just one drink can put them over the limit. A person’s BAC depends on their age, weight, height, and health.
One article by Business Insider shows that a person who weighs 120 pounds would have a BAC of approximately 0.06 after two drinks and 0.09 percent after three. A person weighing 240 pounds, however, could drink up to five alcoholic beverages before they reach 0.08 percent.
You Do Not Need 0.08 Percent to Be Intoxicated
You are legally intoxicated at 0.08 percent, but a person can still cause an accident having only 0.02 or even 0.05 percent, which is why many states are lowering their BAC minimum. Some states have already reduced theirs to 0.05 percent, which is one to three drinks for most individuals.
Likewise, if a person causes a car accident, even if they are not over the legal limit, the fact that they are under the influence of any substance will still result in criminal charges and civil penalties.
Holding Drunk Drivers Accountable
The state handles the criminal aspect of holding an intoxicated driver responsible for their actions, but these criminal trials do not address the losses for victims. When the victim survives, they may have severe injuries that require medical treatments, long-term care, and they may miss countless hours at work. In catastrophic injuries, a person might be unable to return to work permanently.
If someone is killed in a DUI accident, the family is left not only with the emotional trauma of losing a loved one, but the costs related to it, including funeral costs, loss of companionship, loss of support, and loss of benefits.
The state’s criminal trial does not address these damages. Instead, they will find the driver guilty or not guilty, and they will serve time in jail if convicted. They may pay fines and penalties to the court, but these do not go to the victims.
The only way to hold drunk drivers accountable for the financial damages they cause is to pursue damages in civil court.
Civil cases are entirely separate from the criminal cases, and they can go on in tandem. The burden of proof in a civil case has a lower threshold than criminal cases. In criminal cases, a person is only convicted when the evidence proves their guilt beyond a reasonable doubt.
In civil cases, it is the preponderance of the evidence. If more evidence proves guilt than not, the person can be found legally liable for damages they have caused. Also, even if a driver is not found guilty in criminal courts, they may be found legally liable in a civil case. This gives family members a chance to pursue justice despite a bad criminal case outcome.
A Family’s Right to File a Wrongful Death Suit
In cases where a drunk driver kills loved ones, remaining family members can file a wrongful death lawsuit on their loved one’s behalf. These suits are different from ordinary personal injury cases, and they seek damages to help remaining family members cope with their loss.
Were You Injured by a Drunken Driver? You Have Rights
If you were seriously injured in a drunk driving accident or you lost a loved one because of a drunken driver, hold them financially responsible for the damages they have caused. Doing so sends a message to the public that those living in the state will not tolerate drunken driving and helps you seek closure after a tragic accident.
Furthermore, you should not have to cope with the financial losses alone. Let attorney Seth Gladstein from the Gladstein Law Firm, PLLC, assist you with your case. Meet with him for a free case evaluation or ask a question online.
Contact Gladstein Law Firm, PLLC
online or by calling 502-791-9000.
