Question:
What if you are injured by a drunk driver?
Answer:
An investigation shortly after the accident will usually reveal where the drunk driver consumed his or her alcohol and may provide additional liability coverage for your injuries.
Example:
You are stopped in traffic on the Lloyd Expressway. The driver behind you does not slow down and slams into your vehicle at 50 miles per hour. At the scene, the officer tells you that the driver’s blood alcohol content is three times the legal limit. Your injuries are quite severe, and your medical bills total more than his minimum liability coverage of $25,000. An investigation conducted shortly after the accident can document where he drank and what he consumed. Statements should be taken of the drunk driver, witnesses at the bar, and the bartender. For example, an actual investigation of a case proved that the drunk driver was so drunk he fell off of the stool several times and the bartender had to write his check when the bill was paid. Under Indiana law, the provider of alcohol can be held liable for damages caused by a drunk driver where the provider continues to serve the customer after he has become visibly intoxicated. An admission by the bartender that the customer was visibly intoxicated is not required. Witness statements are critical. In addition, the use of a toxicology expert is encouraged to show the effects of alcohol on a person’s mental status and motor skills.