This article provides a general overview of the possible routes to recovery for individuals injured by a drunk driver in Alabama. In recent years, nearly one-third of all deadly Alabama car accidents involved drunk drivers. Many times, the victims of drunk-driving accidents suffer substantial property damage and personal injuries while the intoxicated driver is unharmed.
However, Alabamians injured by a drunk driver may have many routes to recover compensatory and punitive damages in relation to their injuries.
First, a victim of a DUI accident may be able to recover against the driver and/or his insurance carrier. Since Alabama criminalizes driving while under the influence, an injured individual may have a negligence per se action against the drunk driver. Generally, negligence per se is a legal doctrine that establishes that if a defendant engages in conduct which violates a statute, the violation of the statute may be used as evidence of negligence. Thus, if a defendant drives while intoxicated, in violation of Alabama’s DUI statute, and injures a
nother person, the injured individual may claim that the defendant’s criminal act establishes negligence necessary for recovery.
Late last year, Alabama passed a new criminal DUI statute that increased fees and jail time for aggravated DUIs. The new law defines an “aggravated” DUI as driving with a blood-alcohol level greater than 0.15, nearly twice the legal limit in Alabama. Injured individuals may be able to use Alabama’s aggravated DUI to argue that a drunk driver who violates this statute was engaged in wanton conduct, giving rise to punitive damages.
Alabama also recognizes that drunk drivers are often the product of negligent bars and restaurants. Under certain circumstances, individuals injured in DUI accidents may be able to recover against a bar or restaurant that provided alcohol to the drunk driver. The Alabama Beverage Control Board governs the sale and distribution of alcohol through various regulations. If a bar or restaurant serves alcohol “contrary to the provisions” of such laws, the Alabama Dram Shop Law provides a cause of action against the bar or restaurant to an individual injured in a subsequent car accident with the over-served driver.
If you were injured by a drunk driver, schedule an appointment with a Birmingham car accident attorney. Attorneys who regularly practice in this area can advise you of your rights and help develop the best strategy for your particular case.
