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According to Mothers Against Drunk Driving (MADD), in 2006 there were an estimated 17,602 deaths as the result of alcohol-related accidents. This number constitutes 41% of the total number of all traffic fatalities that year. On average, every 39 minutes someone is killed in an alcohol-related accident somewhere in the U.S. Other statistics have stated that over a million people were injured in alcohol-related accidents last year. While it is tragic when the impaired driver is killed, it is even more so when an innocent victim is part of the accident. Families are torn apart, and the inevitable question of why was this drunken driver on the road is asked.

Unlike other vehicle accidents, drunken drivers make a choice when they get behind the wheel of their vehicle. People certainly have the right to drink alcohol, but when they get into their car, their right becomes the problem of everyone else on the road. Their choice can lead to the death or injury of unsuspecting people coming home from work, dropping kids off at a movie, or going out to eat. Probably something that doesn’t even register with those who have driven drunk before with no problem. If they made home the first time, what are the chances something will happen this time?

When someone has killed another in an alcohol-related crash, they may face charges of vehicular homicide, manslaughter, or second-degree murder. They’ll stand up in court, apologize for their actions, swear they’ll never do it again, and go on to serve their sentence. Those who have been injured, often seriously, or those whose family members or friends were killed, have to sit in the courtroom and hope for the best. For many, justice has been served. The accused will spend time in prison. However, those feelings of despair, anger, frustration, and more will continue with those who were directly affected, namely the immediate family.

Because a family member was taken from you through the negligence of another party, seeking the aid of an experienced personal injury lawyer is one of the steps you should take. If you or a loved one has been injured by a drunken driver, you may also make a claim for damages. Loss of wages due to injury or death, loss of benefits, medical bills, mental anguish, loss of companionship, debilitating physical injuries, punitive damages and more are generally covered by the law.

Due to the different statutes in each state, your claim will depend on the law there. This will also determine the amount of compensation you may receive.

Originally published here.

On the heels of a month marked by extensive media coverage of the Orange County trial of Andrew Gallo–the San Gabriel man, who, despite having his license suspended for a prior DUI conviction, took the wheel after a night of binge drinking and killed Angeles’ rookie pitcher, Nick Adenhart, and two friends in an early morning collision–news has broken of a new law that will impact DUI repeat offenders. Starting January 1, 2012, judges will have the option of revoking an individual’s license for up to 10 years if that person has three or more convictions for driving under the influence within the past decade. The law is just one of many efforts by state legislators and officials to combat drunk driving in California.

Annually 1.5 million people are arrested for driving under the influence in this state, according to the National Highway Traffic Safety Administration (NHTSA). DUI repeat offenders account for one-third of those arrested. A recent study of the percentage of drivers with alcohol-related convictions in the nation’s 20 largest cities by insurance.com found that the greatest number of violators resided in San Diego, followed by San Jose in second place, Los Angeles in seventh, and San Francisco in eighth. The high incidence of convicted drivers in these cities was attributed to three factors: a higher rate of alcohol consumption among the population, “more partiers,” in general; a lack of public transportation; and effective enforcement of drinking-and-driving laws.

Over the last 30 years, numerous laws have been passed to prevent drinking and driving in the United States:

In 1984, the Federal Uniform Drinking Age Act was signed into law. Under the law, states that fail to prohibit the purchase or public consumption of alcohol by an individual under the age of 21 will have 10% of Federal highway funding withheld from them. In effect, this law raised the national minimum drinking age to 21.

In 1990, the U.S. Supreme Court ruled that sobriety checkpoints were legal under the constitution.

In 1995, the Federal Zero Tolerance Law was passed, making it illegal for individuals under 21 years old to drive with any measurable amount of blood alcohol content (BAC) in their blood. Highway safety funds would be withheld from any state failing to comply with the law by October 1, 1998.

In 2000, .08 BAC became the national illegal limit for impaired driving. Under the law, a percentage of federal highway construction funds would be withheld from any state failing to comply.

To date, 14 states have enacted laws mandating DUI first-time and repeat offenders to install ignition interlock devices in their vehicles: Alabama, Alaska, Arizona, Arkansas, Colorado, Illinois, Louisiana, Nebraska, New Jersey, New Mexico, New York, Oregon, Utah, and Washington. California, however, has only implemented a pilot program in four counties: Alameda, Los Angeles, Sacramento, and Tulare. Drivers with the device are forced to breathe into a tube connected to a machine that measures alcohol levels; if alcohol is detected, the machine will prevent the ignition from starting. The device not only prevents those with DUI convictions from drinking and driving, it also serves as a deterrent to all drivers, as it considerably increases the cost of receiving a DUI. Legislators will consider expanding the program statewide after a 5-year evaluation.

In California-and nationwide-efforts to combat drunk driving have had an impact on the number of fatal alcohol-related accidents. Throughout the country, such accidents decreased by almost 10 percent from 13,041 in 2007 to 11, 773 in 2008. In California, there were 108 fewer fatal accidents in 2008 than in 2007, from 1,347 to 1,239. Hopefully, the fatality rate will continue to decline with the state’s increasingly aggressive DUI enforcement and harsher penalties.

Originally published here.