Dram Shop Liability in DUI Car Accidents
Driving under the influence (DUI) is an underlying factor in many auto accidents. In car and truck accident cases, a lawyer serving Sterling Heights, Warren, or other areas of Michigan may know of additional sources of compensation besides the at-fault driver that they can pursue on behalf of accident victims.
Michigan first passed a dram shop law 1986. Dram shop refers to a counter or room that sells alcoholic beverages. The majority of states have dram shop rules, which are statutes that hold bars liable for injury caused by intoxicated or underage drinkers whom they served. The Michigan legislature has revised the state’s dram shop rules a number of times, and the way courts rule is subject to established precedents through case laws.
Current Michigan dram shop rule
Michigan Liquor Control Code Chapter 75, Dram Shop Actions (revised in 1998) holds that individuals suffering damage or personal injury from minors or visibly intoxicated persons have a right of action against the dram shop if illegal sale, giving, or furnishing liquor to a minor or a visibly intoxicated person was the proximate cause of their damages and injuries. In addition, spouses, parents, children, or guardians of the individual suffering damages also have a right of action in that person's name against the dram shop.
Understanding proximate cause
Proximate cause is a legal term that means a causal relationship exists between an act and resulting injury, and that without the act the injury would not have occurred. Proximate cause also establishes the act as the primary cause of the injury. For example, prior to the dram shop revision that included proximate cause, a bar could sell liquor and be held strictly liable when an intoxicated person caused an accident. However, if enough time passed between the sale, the intoxication, and the person driving a vehicle, intoxication was not necessarily the reason the person caused the accident. Tiredness, distraction, reckless driving, or other reasons could be the underlying cause. Proximate cause demands proof of a direct correlation between intoxication and accident injury or damages.
Proving a dram shop’s negligence or liability in a car accident requires extensive knowledge of pertinent laws. Sterling Heights and Warren car accident attorneys can help you determine sources of compensation if you suffer injury or damages in a car accident. Especially when injury is serious, be sure to contact an experienced lawyer.
Not All Personal Injury Cases Involve Physical Injury
Not All Personal Injury Cases Involve Physical Injury
Most people mistakenly assume that they must be personally and physically injured to have a personal injury claim. But personal injury law covers far more issues than physical injury. It includes other damages and wrongs done to a person by the action or negligence of another, including:
• Dangerous premises
• Defamation (damage to a reputation, such as libel or slander)
• Defective products
• Emotional distress caused by the actions of another
• False imprisonment, or willful detention by a police officer, security guard, store owner, medical professional, employer, or other individual
• Infringement of rights
• Medical malpractice
• Nuisance
• Nursing home neglect or abuse
• Oil or chemical spills resulting in damage to property or ability to earn an income (for example, shrimp fishermen in the Gulf following the BP oil spill)
• Professional malpractice (for example, architects, engineers, financial investment firms, accountants)
• Property damage
• Psychological injury
• Trespass
• Vehicle accidents
• Wrongful death of a family member
Protecting your health and family
Experienced accident lawyers understand that the actual medical, financial, and personal impacts of an injury can be broad and not immediately apparent. Unfortunately, the financial cost of settling quickly with an insurance company for less than current costs plus future expenses can be considerable and heartbreaking. Such settlements happen because adjusters operate in the best interest of the insurance companies—not yours.
A personal injury attorney experienced in recognizing potential costs and damages is your best ally. Your attorney can negotiate or litigate for comprehensive damages, including:
• Medical expenses
• Rehabilitation
• Pain and suffering (emotional distress, anxiety, depression, and behavioral issues)
• Disfigurement and physical loss of eyes, hands, or limbs
• Lost wages and reduced earning capacity
• Retraining for work
• Property damages
• Cost for hiring personal care
• Cost to repair, remedy, or replace what was lost
Oregon accident attorneys can help you
In Oregon, if you are injured through the fault of another party, you need a skilled personal injury lawyer to help you. Call the law firm of Harris, Wyatt & Amala, LLC to see if you have a viable case.
Harris, Wyatt & Amala, LLC
5778 Commercial Street SE
Salem OR 97306
(503) 378-7744 or toll free 1-800-853-2144
Things Not to Do When Driving Close to Trucks
Truck accidents have many causes. The Federal Motor Carrier Safety Administration (FMSCA) estimates that one in 20 truck drivers will be involved in an accident each year. An FMSCA study indicates that many of these accidents are caused by driver error.
The larger the truck, the more damage is likely to occur. Federal Motor Carrier Safety Regulations have requirements concerning maintaining equipment and driver hours of service. Skilled truck accident attorneys know how to examine trucking records after an accident to uncover violations of safety regulations. Attorneys are familiar with studying maintenance records and logbooks to uncover whether failure to take rest breaks caused driver fatigue. A skilled lawyer also examines whether there was driver or trucking company negligence or whether defective parts were an issue.
A truck accident law firm has established relationships with experts who can be used to prove negligence not only on the part of the truck driver, but on the part of the trucking company or any other third parties that may be at fault. Experts such as computer graphics technicians, metallurgists, forensics specialists, and trucking safety specialists can be called upon to bolster a case.
Things you can do while driving on roads with trucks
To prevent a collision with a truck, it is wise to do the following:
• Accommodate the blind spots of the trucker by not following too closely behind or alongside the truck.
• Pay attention to the path of the truck and watch for swerving.
• Do not travel too close to a heavily loaded vehicle. Cargo can shift and cause the truck to run off-road or tip.
• Allow a truck to pass if it is speeding. Do not get into a battle even if you think you can speed by.
• Always wear a seatbelt in a car and a helmet on a motorcycle.
• Do not beep your horn unless you are in danger. Startling a truck driver could cause an accident.
• Do not turn your radio up so loud that you cannot hear a truck or other vehicles approach. It is best to stay aware of your surroundings visually and aurally.
• Stay out of the truck lane when possible.
Speak to a Maryland trucking accident attorney
If you or a loved has suffered injury in a Maryland truck accident, do not hesitate to contact the Law Offices of Paul R. Wiesenfeld, Maryland truck and auto accident attorney. The firm offers a free initial consultation and evaluation of your claim.
Cincinnati Personal Injury Attorneys Can Help You Get Compensation!
Get Help & Get the Compensation You Deserve
A personal injury can cause pain and frustration for you and your family. As a result, you may feel alone and angry. Fortunately, with the help of an experienced attorney, you may be able to get just compensation to pay for things like medical bills, pain and suffering, and lost wages. Experienced Cincinnati personal injury lawyers know how the system works. Additionally, they have the knowledge and skill needed to assist you in filing a claim.
An attorney can help you file a lawsuit to obtain compensation
If a negligent person causes you injury, you can file a lawsuit for reimbursement. A knowledgeable attorney can assist you with the following steps involved in filing a claim:
File your lawsuit: To begin, you must fill out the necessary paperwork and file your lawsuit with the local court
Serve the defendant: Next, the defendant is served
Ask and answer written questions: Once the defendant receives notices of the lawsuit, he or she has thirty days to ask written questions.
Depositions: Both sides may ask questions orally to each other in front of a court reporter
Expert discovery: Both sides may use expert witnesses to bolster their cases
Settlement or trial: Your lawyer can explain to you that the majority of personal injury cases are settled. However, every case is different. The factors that determine whether a case is settled include the amount of evidence against the defendant, the strength of the case, and the extent of injury to the plaintiff
How else can a personal injury attorney help?
In addition to helping you file your claim, your lawyer can negotiate a settlement on your behalf. While the defendant may offer you a settlement, you must determine if the offer is fair considering the injuries you sustained. Your lawyer can review any settlement offers the defendant makes.
Additionally, prior to filing a claim, your attorney can assess the strength of your personal injury case and help you determine if you have enough evidence to take legal action.
Contact an experienced law firm
The law firm of Clements, Mahin & Cohen, LPA is proud to stand up for the rights of personal injury victims. For more than twenty-three years, our team of highly qualified attorneys has been serving the needs of clients from the Greater Cincinnati area, Southwest Ohio, and the Tri-state area. If you or someone you love sustains any type of injury, do not hesitate in contacting us today by phone 888.314.3989 or via our convenient online form. Let us use our knowledge and experience to help you obtain the compensation you deserve.