In Mississippi, there is a serious problem with drunk driving.  According to a recent Forbes article, Mississippi ranks as the third worst state for drunk driving.  In 2007, over 300 people were killed in drunk driving accidents in Mississippi.  If you are injured or have lost a loved one in a car, truck or motorcycle wreck caused by a drunk or impaired driver, then you should seek compensation for your injuries and damages.

It is against the law in Mississippi, as well as every other state, to drive a vehicle if you are impaired by alcohol.  Unfortunately, too many people in Mississippi ignore those laws. The reckless decision to drive drunk endangers many lives, including passengers, other motorists and their passengers, not to mention the actual drunk driver.  Wrecks caused by drunk drivers can be devastating.  They usually involve high rates of speed causing serious injuries from broken bones and brain injuries to death.

Having represented victims of drunk driving, one particular case made a lasting impression for me.  I represented the family of a young police officer killed by a drunk driver. The police officer pulled off the highway to assist a motorist change their tire.  The drunk driver, who had over 10 previous alcohol related charges, struck the motorist's car and the police officer, severing the police officer’s legs in the wreck.  The police officer died at the scene.  The drunk driver lived and went to the penitentiary for his crime.  My client's lost a son.  This was a preventable tragedy.  Every day you can open the newspaper, watch the T.V., or listen to the radio and hear of another tragic accident involving alcohol.

Car Accidents Involving Alcohol are Different from Ordinary Car Accidents

If you or a loved one has been injured by a drunk driver, don’t be fooled into settling your case until a full investigation has been done.  The fact is that when a drunk driver injures you, your case will probably be worth more money.  Liability insurance companies know this, so when drunk driving claims arise, it is common for insurance companies to offer the innocent injury victim a fast, low settlement to get the case cleared up.

Don't be fooled into taking a lowball settlement offer from an anxious insurance company.  As a general rule, insurance companies will never offer you a fair settlement without a fight.  Don't let the insurance company adjuster take advantage of you--you deserve better. 

A Full Investigation is Needed

In addition to looking at the action of the drunk driver, a full investigation needs to be done to see if the person was drinking at a bar or other establishment immediately prior to the accident.  In Mississippi, it is against the law for a bar owner to serve alcoholic beverages to visibly intoxicated individual.  If they do, then they can also be liable for the injuries caused to the people the drunk driver injured.  That is why drunk driving accidents need to be fully investigated to ensure all responsible parties are found.

Criminal v. Civil Law

Understand the difference between drunk driving charges.  If a person drives drunk and injures someone, the police will probably arrest the drunk driver for violating a criminal statute.  That is a criminal charge.  If found guilty, the person could face criminal penalties.  However, you will not be compensated for your injuries in this criminal case.

Rather, as an accident victim, you have the right under Mississippi civil law to file a lawsuit seeking compensation for your injuries caused by the drunk driver.  You will have to show that the drunk driver was negligent, meaning he/she failed to use reasonable care, and that negligence was a proximate cause of your injuries.  Additionally, you may also be able to pursue punitive damages as driving while intoxicated goes beyond ordinary negligence and shows a recklessness not found in most ordinary car accidents.  Further, a full investigation may find that others are responsible for the accident, including bar and tavern owners.

If you have been injured by a drunk driver or a loved one has been injured or killed by a drunk driver, consult an experienced DWI accident attorney to ensure your rights are protected and you receive compensation for your injuries.  An experienced drunk driving victim attorney will coordinate with the criminal investigation to obtain relevant police reports, copies of testimony and any salient documents to help establish liability and prosecute your drunk driving case. While the civil case remains separate from the criminal case, your overall case can greatly benefit from an attorney who is familiar with all aspects of both the criminal and civil court systems.

Free Consultation--Get Answers Now from a DWI Accident Lawyer

The Kisselburgh Law Firm offers free, no obligation consultations to drunk driving accident victims.  Call us at 601-936-4040 or contact us online to schedule a consultation.

DRUNK DRIVING ACCIDENT RESOURCES

Mothers Against Drunk Driving:  The leading advocacy group against drunk driving with lots of resources on its website.

Mississippi (MADD) Mothers Against Drunk Driving:  The Mississippi chapter of MADD.

Students Against Destructive Decisions:  Originally founded as Students Against Driving Drunk, this groups aims to help teenagers make better decisions related to drugs and alcohol.

National Hardcore Drunk Driver Project:  The goal of the project is to reduce the number of repeat drunk drivers.

Drunk Driving in America Statistics
Drunk Driving and Enforcement Fact Sheet
Drunk Driving Victimization Fact Sheet
Drunk Driving:  Finding Solutions
Drunk Driving Fatalities in America