It is a sad reality that many Tennesseans, while in a state of intoxication, choose to climb behind the wheel of a vehicle. These motorists pose a threat not only to themselves, but also to other drivers around them. These drunk drivers can cause a tragic accident in a matter of seconds, whether by swerving, speeding or failing to yield. When one of these wrecks occurs, a victim can be left with serious damages in the form of physical, emotional and financial losses.
Though it may be hard to cope with these losses, the good news is that victims may be able to take legal action against the individual who left them harmed, potentially leading to the recovery of compensation. Succeeding on a claim means showing that the other party owed the victim a duty of care, that duty was breached and that breach caused the victim's injuries. In a drunk driving case, this often means showing that the driver was intoxicated at the time of the accident and that intoxication caused the accident.
Showing intoxication can be a complicated matter, depending on the facts of the case. Many times, a victim is able to use police reports, witness testimony and expert testimony to help illustrate that the defendant's level of intoxication made it difficult or even impossible to operate his or her vehicle in a safe manner. However, sometimes issues with evidence collection can make the issue difficult, requiring competent legal argument and powerful use of the law.
Those who have been hurt in an auto accident caused by the negligence of another should assess their legal rights and act on them if appropriate. An experienced Knoxville attorney may be able to help with this process, fighting in an attempt to recover the compensation a victim needs to get back on his or her feet.
Source: FindLaw, "Drunk Driving Accidents" accessed on Jan. 23, 2015