Automobile Accident Fatality, Role Played, Blood-Alcohol Level
Regulation of blood alcohol level is provided by criminal statute, based upon public safety policies, yet
the role played by blood alcohol level in automobile accident fatality lawsuits is provided by personal
injury laws. Ordinarily, state civil law provides that the criminal violation is legally sufficient to
establish negligence, per se, in the event of death, dismemberment, or life threatening bodily
harm. Additionally, if any bodily harm or property damage occurred, the criminal violation often creates a
rebuttable presumption of negligence.
Personal Injury Law - Automobile Accident Fatality, Role Played, Blood-Alcohol Level:
When considering any automobile accident fatality claim, state personal injury law and practices generally
determine which causes of action create liability, what damages are recoverable, and how to recover the
award of a judgment. Less frequently, federal law preempts state law and requires claims to be filed in the
federal court or administrative processes, or alternatively, may permit an election of either state or federal
law. In all cases, settlement of automobile accident fatality claims before trial is encouraged by the court
system as a matter of judicial economy. Settlement of claims is voluntary, and offers several distinct advantages
over trial. These advantages include the elimination of risk, a guaranteed recovery of a known amount, and the
reduction of time, attorney fees, and costs required to collect amounts owed. The primary disadvantage of settling a
automobile accident fatality claim is economic - plaintiffs may recover far more if the court or a jury assesses
damage amounts.
Interpretation of Laws:
The application of personal injury laws is an organic process, based upon facts which are unique to each
automobile accident fatality claim. Statutes,
case law, and rules of court all influence the success or failure of each case. Lawyers who specialize in
automobile accident fatality claims for plaintiffs tend to be creative in expansive interpretation of both liability
and damages sustained. Likewise, defense attorneys and claims adjusters are equally creative in influencing settlement
for less than the true trial value when the claimant is not represented. See also: Automobile Accident Fatality, Role Played,
Blood-Alcohol Level - How to Find a Lawyer, Laws, & Lawyer Searches.
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