Pocatello Drunk Driving Accident Lawyer
When you drive down the freeway or even through town, it seems that there are billboards everywhere educating people on the need to eliminate drunk driving. When you turn on the television, commercials constantly bombard the public that they should not drink and drive. However, even with all of these reminders, legal prohibitions, and education, many people still drink and drive. When they do, there is frequently an accident and innocent people are badly injured. Your Pocatello drunk driving accident attorneys at Racine Olson have been working to care for the people injured due to the careless acts of drunk drivers since approximately 1940. We are still doing that today, and we’re happy to help you.Idaho Law Prohibits Drunk Driving
Idaho Code § 18-8001 clearly provides that it is unlawful for any person to drive under the influence of alcohol with an alcohol concentration of greater than 0.08. In other words, if a person is driving over the 0.08 blood alcohol limit, that person is automatically deemed to be driving drunk. People under 0.08 can also be found to be driving under the influence. However, when above 0.08, the law states that the driver is automatically negligent.
This is important because when a person is found to have been in violation of a law such as driving under the influence of alcohol, then the injured party no longer has to prove liability at trial. Vaughn v. Porter, 140 Idaho 470, 95 P.3d 88 (Ct. App. 2004). This concept has often been referred to as “negligence per se”. This means that the negligence has already been determined and that the only thing that needs to be established at trial is the amount that the injured party should be awarded.
When an attorney is familiar with these concepts, it often means a quicker settlement for his or her clients. An insurance company is more likely to settle quickly when it knows that an experienced attorney is on the other side and that it is in its best interest to settle the case rather than go to trial.Damages That are Available
The damages that you are entitled to in a drunk driving accident case are the same as all of the others. In particular, you are entitled to have your medical expenses reimbursed, your lost wages paid to you, and your future earning capacity (if it has been diminished) also paid to you. In addition to these specific or special damages, you are also entitled to damages for pain and suffering and emotional anguish.
The drunk driving accident attorneys at Racine Olson in Pocatello understand the laws of negligence per se as well as the damages that are available to you and how to increase them to maximize your claim. We look forward to helping you. Problem solved.