Although we are all aware of the potentially devastating consequences of driving under the influence of drugs and alcohol, many Americans continue to do so with complete disregard. Repeated studies by the National Highway Traffic and Safety Administration show that over half of drivers killed in the United States from car accidents had alcohol or drugs in their systems when the crash took place. A study examining data from 2005-2009 confirmed over 20,000 fatally injured drivers, where approximately 57 percent tested positive for at least one drug.  The study also revealed that one in five fatally injured drivers had more than one drug in their system at the time of the accident, the most common being alcohol. However, marijuana and various amphetamines were also pervasive.

Other findings from the study revealed that men were more likely to have alcohol or drugs in their systems at the time of a crash than women.  Less than 50 percent of women that were fatally inured in a crash tested positive for alcohol or drugs, whereas roughly 60 percent of men had drugs or alcohol in their systems. Not surprisingly was the greater likelihood of testing positive when killed in the evening or over the weekend.

Additionally, Native Americans were the most likely to have alcohol or drugs in their system, while African Americans and Caucasians tested equally, followed by Asians, who were the least likely.

It must also be noted that although the data from such studies does in fact provide a level of veracity as to alcohol or drugs playing a role in car accident fatalities, it does not accurately reflect on the impairment of the driver at the time of the crash. This is largely due to the fact that it is impossible to definitively determine a driver’s level of intoxication or whether intoxication was actually the cause of the crash. For example, in scenarios involving drugs including prescription drugs, a user may test positive for several days after ingestion.

Above all, impaired driving continues to be problematic despite heightened awareness of the risks involved when driving under the influence or drugs or alcohol. Despite increased public awareness about the consequences and danger resulting from such negligent and reckless acts, statistics have not improved and seem to be getting worse. Many people contribute such so-called irresponsibility to the “invincibility factor,” where people are unwilling to take the message seriously because they think an accident will not happen to them.

Fortunately, driving impaired can carry serious penalties, especially if it causes an accident inflicting serious injuries or the death of another. Typically, the following individuals can have standing to sue in cases where injuries or death resulted from an individual driving under the influence of drugs or alcohol:

• Adults. Any adult who is injured by the negligence of a drunk driver or close family survivors of someone killed by a drunk driver can bring a lawsuit against the drunk driver. This includes a certain category of people emotionally and physically injured in collisions involving a drunk driver. Customarily, this category is determined by State law, and varies accordingly.    Additionally, the spouse of an injured or deceased plaintiff can also bring a claim of damages for loss of consortium, which includes the loss of comfort, love and care of the injured or deceased plaintiff.

• Minors. Although a minors is technically not allowed to bring a case on their own against a drunk driver, they are able to bring the claim through a parent or guardian, and will be equally entitled to the rights of all other victims.

• Household members who are passengers. It should be noted that this is a less common class of plaintiffs, and typically involves a passenger in the vehicle of the drink driver.  Generally, by law passengers in the drunk driver’s vehicle can sue the drunk driver. However, if they belong to the drunk driver’s household, the family’s insurance policy may prevent them from recovering against the insurance company. Instead, damages would only be directly recoverable from the drunk driver.

If you have suffered from an accident and are seeking legal advice, contact the Missouri wrongful death lawyers at Hubbard & Kurtz at (816) 472-HOPE (4673), for more information on how to pursue your personal injury claim. Our law firm has extensive experience and knowledge with personal injury law in Missouri. We are eager to provide you with the expertise required to settle your claim successfully!