Many Tennessee residents take great care to ensure the safety of themselves and others on the road. Unfortunately, not all drivers act the same way, as certain individuals make bad decisions that can place others at risk.
One bad decision that often results in terrible consequences is when a person chooses to drive while under the influence of alcohol. By driving under the influence, individuals not only subject themselves to possible criminal charges, but civil liability as well if they are sued by individuals who are injured in a drunk driving accident.
For instance, a 22-year-old man recently appeared to cause an accident while under the influence of alcohol in Tennessee. The man reportedly was driving in the wrong direction on the highway when he struck another car head-on and a third vehicle. The accident sent the two occupants of the second car to the hospital with critical injuries.
After the accident, the driver of the first vehicle was reported to be smelling heavily of alcohol. He also was slurring his speech and had difficulty standing. As a result, the man was charged with a number of violations, including vehicular assault by DUI and failure to exercise due care.
While the charges discussed above occurred in the context of a criminal case, the same failure to exercise care can generally be a key factor in a civil case brought by injured parties. A civil case seeks monetary damages, unlike the criminal case that seeks to impose jail time or fines upon the person.
The key in a civil case brought by an injured party is typically to establish the other driver's negligence. There are a number of factors that can play into whether a driver was negligent, including whether the driver was under the influence of alcohol or otherwise failed to exercise the required care while on the road. If the driver's negligence can be established, the injured party can recover compensation in the civil action.
Source: insurancenews.net, "Seymour man charged in head-on collision; two critically injured," Hayes Hickman, "Oct. 27, 2014