Fatal DUI Accident: Liability

The loss of a beloved family member is even more tragic when the death occurred suddenly and wrongfully. Surviving family members are left with the unthinkable in a situation of pain and suffering. Unfortunately, with the sadness and grievance, other issues and questions arise that need to be dealt with immediately.

In 2005, there were 16,885 fatal drunk driving accidents, which made up 39% of the total fatal vehicle accidents for that year.  At that rate, fatal DUI accidents occur every 31 minutes. The National Highway Traffic Safety Administration has defined an "alcohol-related accident" as an accident which involves at least one driver or non-occupant with a blood alcohol concentration of .01 gram per deciliter or higher. These persons often include pedestrians, bicyclists, and other drivers who are involved in the accident.

Drunk driving comes with very scary fatal auto accident statistics.  During 2004 and 2005:

• 21% of children aged 14 or younger were killed in alcohol-related accidents
• 48 children aged 14 or younger who were killed as pedestrians or pedalcyclists were struck by impaired drivers
• more than half of the 414 child passengers aged 14 or younger who died in alcohol-related crashes were riding with the drunk driver
• the occurrence rate of alcohol-related accidents was 3 times higher at night than during the day
• the highest percentage of drivers in fatal crashes with a BAC level of .08 or higher was for males aged 21-24
• the most frequently recorded BAC level among drinking drivers involved in fatal crashes was .18 (over 2 times the legal limit)

Driving while intoxicated is a very serious crime that puts numerous persons at an inordinate amount of risk.  Many innocent people have lost their lives or their loved ones due to a fatal DWI accident.  Even if you have not lost a loved one due to an intoxicated driver, you are still affected by these types of accidents.  According to recent statistics, alcohol-related accidents cost the United States approximately $51 billion each year.

Statute of Limitations

Wrongful death accident lawsuits are subject to the statute of limitations, which define the time frame in which the surviving family members can initiate a lawsuit. Generally, the statute of limitations for wrongful death allows between 1 and 3 years to put forth a claim.

As always, there are exceptions. For instance, if the death was originally attributed to an accident rather than someone’s negligence, courts will adjust the statute of limitations to take effect from the time the true cause of death was discovered.

If one of your loved ones has died and you believe that the death was caused by somebody’s negligence, contact a lawyer immediately. A specialized wrongful death attorney can provide invaluable information as it relates to many specific details you might not be aware of and which will then ultimately weaken your case.