Law
A driver who is impaired by alcohol or drugs, or who has a BAC of .08 or more, is legally intoxicated. The law covers illegal drugs, prescription drugs, and even over-the-counter drugs such as cold medicine. An impaired driver who injures another is AUTOMATICALLY at fault. Remember that underaged persons are not allowed to consume or possess any amount of alcohol.
Safety Tips
If you have the slightest suspicion that you are impaired, don’t drive. If you have even the slightest suspicion that the driver offering you a ride is impaired, don’t get in the car. Call a taxi or get a ride with a sober driver.
Sample Recoveries
A truck driver struck by another truck driver who was impaired, causing concussion and memory problems: $200,000, plus disability benefits obtained from workplace insurance at no cost to the client.
A snowmobile passenger struck and fatally injured by a drunk underaged pickup driver: $400,000 (limit of all available insurance policies).
A motorcyclist rear-ended by a driver under the influence of alcohol and drugs who was tailgating, causing fatal brain injury: $100,000, plus waiver of recovery of all oustanding medical bills (limit of all available insurance policies).
A passenger riding with a drunk driver who spun out and slammed into a construction truck, causing fatal injuries: $150,000, plus waiver of outstanding medical bills (limit of all available insurance policies). The at-fault drunk driver, who was underaged, also was convicted of felony vehicular homicide.