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.
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.
A Word on Truck Accidents by a Tennessee Lawyer
Big trucks are capable of wiping out more than just one vehicle in a matter of seconds. Obviously, when any truck accident is that intense, the chances of a death are high. In many cases, serious orthopedic injuries and brain injuries are the most common physical damage to victims.
Owing to the fact that truck accidents are more damaging than any other type of highway accident, the need for compensation in a personal injury case is likely to be considerable. If you are a victim of a truck accident in Tennessee, you should retain a Tennessee truck accident lawyer who is familiar with state laws as well as the appropriate federal laws.
Also be sure your attorney has a record of success handling similar cases. That is usually a good sign that your attorney has the skills for negotiating a settlement or winning the compensation you deserve in court. A capable attorney understands how U.S injury laws apply to your case and how such laws help determine who is liable if you suffer injury in an accident.
For the sake of our own health and our families, it is important whenever possible to practice defensive driving. Following are some basic safety tips for avoiding truck accidents:
- Large trucks behave differently than small vehicles and hence demand extra caution when you are approaching them.
- Consciously stay out of the blind spots of commercial trucks. If you cannot see the mirrors of the truck, then the truck driver cannot see you.
- Do not cut in front of a truck or any other large vehicle like a bus. Large vehicles that are loaded require longer distances when stopping. It could lead to a fatal accident if a driving action of yours forces one of these large vehicles to stop suddenly.
- Pause and watch the turn signals of a truck before trying to pass. It is best to give a truck plenty of room to change lanes or make a turn.
Remember, defensive driving is the key!
Personal Injury Involves More Than Vehicle Accidents
Personal injury cases are usually associated with car accidents. But you can file other types of personal injury cases as well, including:
- Medical Malpractice
- Toxic torts
- Product Liabilities
- Premises Liabilities
- Wrongful death
If you suffer physical injuries from an accident in Polk County or elsewhere in Florida and the negligence of another party was responsible, you have legally suffered a personal injury and are entitled to compensation for your damages. But unless you have broad legal knowledge and know how to estimate the real costs of the damages you suffered, it can be difficult to collect compensation on your own.
You owe it to your health and your family to reach out to one of the personal injury attorneys in Polk County to guide you through the legal formalities from start to finish. Find an attorney who has the expertise to handle your type of personal injury. If your attorney has a record of success, that is often a good sign. Ask your attorney how he or she plans to handle your case. The best attorneys know how to negotiate with the insurance company but are willing to go to court if they believe the insurance company is offering a settlement that does not adequately address the damages you suffered.
Personal injury laws can vary but a local attorney with expertise always knows the laws of your state. Be aware that some law firms are statewide and are fully familiar with personal injury laws such as those in Florida.