Drunk driving is a dangerous crime that has caused hundreds of thousands of serious injuries and deaths over the last several decades. It is a somewhat unique offense in that it is sometimes committed by those who view themselves as average, law-abiding citizens who made a temporary lapse in judgment. For a long time, our legislature and courts held the same view, as reflected in light penalties for convictions.
But times are changing. Laws are becoming more stringent. Drunk driving accident victims often have many options when it comes to pursuing justice and compensation for the harm inflicted by impaired motorists.
While we know that drunk driving is illegal and dangerous, lets look at what it means to cause a drunk driving accident. In our legal system, the four elements of negligence are duty, breach, causation and damages. Duty refers to the duty of care to act as a reasonable and prudent person so as to prevent a foreseeable injury to foreseeable persons and property. A breach of this duty is failing to act in this reasonable and prudent manner, and that breach must cause damages to the plaintiff. Continue reading