Drunk Driving Accident Lawyer in Waipahu, Hawaii
Drunk driving is a major safety concern throughout the United States. Sadly, Hawaii is no exception. Statewide data indicates that 31 percent of all traffic fatalities over a recent five-year period were due to drunk driving accidents.
If a drunk driver in Waipahu injured you, you might be entitled to financial compensation for your losses. A legal claim allows you to hold the intoxicated driver responsible for their reckless actions. However, another party could be partly liable for the crash as well. A drunk driving accident lawyer from Recovery Law Center can thoroughly investigate your case and make sure everyone is held accountable for their part in causing the collision.
At Recovery Law Center, we’ve seen how the reckless actions of an impaired driver can devastate lives forever. Words cannot express the profound grief that victims and their families experience in the wake of a drunk driver accident. It’s even harder knowing that all the heartache could have been avoided ― if only the intoxicated driver called a taxi or handed their keys to a sober friend before heading out.
Our Hawaii personal injury lawyers have more than a quarter-century of experience helping individuals and families living with the painful consequences of others’ reckless choices. Call or contact us today for a free consultation with a Waipahu drunk driving accident lawyer.
Understanding Drunk Driving Accident Liability in Hawaii
Drunk driving accidents in Hawaii can lead to serious personal injury, property damage, and even death. Understanding liability in these cases is important for anyone involved. In Hawaii, a person is legally responsible for damages caused by their negligent or reckless behavior.
When someone drives drunk, they breach their duty to drive safely, putting others at risk. If a drunk driver causes a car accident, they are typically at fault and can be held liable for injuries and damages. However, determining liability isn’t always straightforward, especially in more challenging cases.
In addition to the drunk driver, other parties may share responsibility. For example, if a bar or restaurant continues to serve alcohol to someone who is clearly intoxicated and that person causes an accident, the business may also be liable under Hawaii’s “dram shop” laws.
For victims of drunk driving accidents, recovering compensation can involve dealing with insurance companies and filing personal injury claims. This is where the help of Hawaii personal injury attorneys becomes essential. A skilled personal injury lawyer can help you handle the legal process, ensuring that you receive fair compensation for medical bills, lost wages, and other damages related to the accident.
If you’ve suffered a serious personal injury from a drunk driving accident, seeking legal advice from a personal injury attorney can help you understand your options and protect your rights. Personal injury cases often involve negotiating settlements or going to court, and a lawyer can be your advocate in this process.
Drunk Driving Laws in Waipahu, HI
Drunk driving is a serious offense in Waipahu, Hawaii, with laws in place to protect everyone on the road. Driving under the influence (DUI) of alcohol or drugs not only puts the driver’s life at risk but also endangers others. In Hawaii, including Waipahu, a driver is considered legally impaired with a blood alcohol concentration (BAC) of 0.08% or higher. For drivers under 21, any detectable alcohol level is illegal.
Penalties for DUI in Waipahu can include fines, license suspension, community service, and possibly jail time. These consequences become harsher with repeat offenses or if drunk driving leads to car accidents, resulting in serious personal injury. Fines can escalate quickly, and you may face longer periods of losing your driver’s license.
Drunk driving cases that involve injury can lead to personal injury claims. If someone has been injured in an accident caused by a drunk driver, it’s important to consult an experienced personal injury lawyer. These lawyers help victims handle personal injury cases to seek compensation for medical bills, lost wages, and emotional distress. In cases where the injury is severe, the impact on the victim’s life can be long-lasting, making the role of a lawyer even more critical.
Waipahu’s strict drunk driving laws serve as a reminder of the responsibility every driver has to stay sober behind the wheel. Driving under the influence can lead to devastating consequences for everyone involved. Always think twice before getting behind the wheel after drinking, and remember, legal help is available for those affected by drunk driving accidents.
Dram Shop Liability
Dram shop liability holds bars, restaurants, and other establishments responsible when they serve alcohol to someone who is visibly intoxicated or underage, and that person goes on to cause harm. This legal concept plays a key role in drunk driving accidents. If a drunk driver leaves a bar and causes a serious accident, the injured parties may have a legal claim not only against the driver but also against the establishment that served them.
For example, if a truck accident happens because a driver was overserved alcohol and then drove, the victims may be able to seek compensation for damages such as medical bills and accidental injuries. This is an important avenue to explore in cases where victims are seeking maximum compensation for their losses.
Dram shop laws vary by state, and proving liability involves showing that the establishment acted irresponsibly by serving someone who should not have been drinking. With these laws, victims have additional ways to hold those accountable for preventable harm caused by drunk driving.
Social Host Liability
Similarly, social host liability refers to the legal responsibility of someone who serves alcohol to guests, particularly when those guests cause harm to others after leaving the event. For example, if a host provides alcohol to someone who later becomes a drunk driver and causes a car crash, the host may be held liable for the resulting damages.
This type of liability can come into play in personal injury cases, including those involving drunk driving accidents. If a person serves alcohol to an intoxicated guest who then gets behind the wheel, the host might face legal consequences, especially if the accident leads to serious injuries or fatalities.
Effects of Drunk Driving
Everyone responds differently to alcohol. But no matter how someone feels after a few drinks, any amount of alcohol in their bloodstream can significantly affect their ability to drive safely. In addition, the more alcohol a person consumes, the more difficulty they have judging how intoxicated they are.
Most people display signs of impairment well before they reach the legal limit. As a person’s BAC increases, these impairments become more apparent:
- Slowed reaction time — Alcohol slows reflexes, making it more difficult to react quickly to traffic scenarios.
- Poor visual acuity — Alcohol slows down the muscles that move and focus the eyes, resulting in blurred vision and difficulty seeing, especially at night.
- Diminished depth perception — Alcohol impairs depth perception, decreasing the ability to judge the relative positions of cars and objects nearby.
- Trouble concentrating — Alcohol can reduce a person’s attention span, making it more challenging to pay attention to the road and stay alert.
- Reduced comprehension — Alcohol can impair the ability to make rational decisions and safe judgments when responding to changes in traffic.
Common Drunk Driving Accident Injuries
Drunk driving accidents often result in horrific injuries for both drivers and passengers, including:
- Broken bones
- Soft tissue damage
- Cuts, abrasions, and scrapes
- Neck injuries
- Back injuries
- Spinal cord injuries, including paralysis
- External head injuries
- Traumatic brain injury (TBI)
- Internal bleeding
- Internal organ damage
- Burns
- Scarring and disfigurement
- Wrongful death
Compensation After a Drunk Driving Accident in Waipahu
A Waipahu drunk driving accident lawsuit is a type of civil claim, which means the drunk driver and any other at-fault parties face financial penalties for their wrongdoing rather than criminal ones. If you can demonstrate that the drunk driver or any other parties were at fault for the accident that caused your injuries, you may be awarded compensation for your crash-related damages, including:
- Medical expenses — The costs of medical care for any injuries suffered in the crash
- Lost wages — The value of any wages or income you lost from missed time at work
- Incidental expenses — Any out-of-pocket costs you incurred as a result of the accident, such as the cost of traveling to and from medical appointments
- Property damage — Any repair or replacement costs for your vehicle or personal property damaged in the wreck
- Pain and suffering — The intangible cost of the pain and suffering you endured as a result of the accident and your injuries
Why File a Drunk Driving Car Accident Lawsuit?
Under Hawaii’s no-fault insurance system, your first option to recover compensation after an auto accident is to file a claim with your own insurer and claim your PIP benefits. However, these benefits only cover your losses up to the limits of your car insurance policy. If your medical bills, lost wages, and other losses go beyond these limits, you’ll have to find another way to get the money you need.
A car accident lawsuit is another way individuals may be able to pursue compensation for injuries from drinking and driving accidents. Hawaii law allows crash victims to file suit if they’ve suffered severe injuries, and a Waipahu car accident lawyer can determine whether your injuries meet the serious injury criteria set by state law. A drunk driving lawsuit also allows you to seek compensation for losses not covered by your PIP benefits.
Family members of those killed in motor vehicle crashes caused by drunk drivers may be eligible to file a wrongful death claim.
Time Limit for Filing a Drunk Driving Accident Lawsuit in Waipahu
If you believe you have grounds for a drunk driving accident lawsuit, you should understand how Hawaii’s statute of limitations could affect your case.
Under Hawaii law, all personal injury lawsuits, including drunk driving accident claims, must be filed within two years of the date when the injury first occurred. If you try to file after the deadline passes, the court can dismiss your case, and you lose your right to demand compensation for your losses.
A dedicated drunk driving accident attorney in Waipahu can help you keep track of important deadlines and ensure your case isn’t derailed by avoidable administrative errors.
How a Waipahu Drunk Driving Accident Lawyer Can Help You
At Recovery Law Center, we understand how overwhelming a drunk driving accident can be. Our Waipahu drunk driving accident lawyers and accident attorneys are here to guide you through every step of the legal process. We begin by offering a free case evaluation, where we explain your rights and outline your legal options. Once you decide to move forward, we immediately start working on your case with no upfront or out-of-pocket costs, allowing you to focus on your recovery without financial stress.
Next, we conduct a comprehensive and independent investigation of the accident. During this stage, we interview witnesses to gather valuable statements and work closely with expert witnesses, such as accident reconstruction specialists, to build a strong case on your behalf.
As we focus on the legal aspects, we handle negotiations with insurance companies and other attorneys, fighting to maximize your compensation. If necessary, we are prepared to represent you at trial, standing by your side and advocating for your best interests.
If you’ve been affected by a drunk driving accident, don’t wait to get the support you deserve. Schedule a consultation with us today, and let us help you take the next step toward recovery and justice.