A new study has reported that more than half of drivers involved in serious or fatal car accidents tested positive for drugs or alcohol in their system. And even though driving under the influence of drugs and alcohol is illegal in all 50 states and the District of Columbia, such instances still occur far too often throughout the state of Arkansas. Continue reading to learn how drugs and alcohol may lead to car accidents and how a Fayetteville, Arkansas car accident lawyer at the Knapp Law Firm can help you understand the laws surrounding your case.
How might drugs and alcohol play a role in a car accident?
There is no question that drugs and alcohol significantly inhibit one’s physical and mental capabilities when it comes to operating a vehicle. Just some examples read as follows:
- Drugs and alcohol inhibit one’s ability to make good decisions on the road.
- Drugs and alcohol inhibit one’s ability to quickly react to hazards on the road.
- Drugs and alcohol inhibit one’s ability to multitask when driving.
- Drugs and alcohol inhibit one’s peripheral vision when driving.
With this, car accidents that are caused by intoxicated driving can be all the more severe. This is because, when under the influence of drugs or alcohol, a driver is less likely to take preventative measures to avoid a crash. Thus, the collision can lead to serious, if not fatal, injuries.
How might dram shop law play a role in my personal injury claim?
Importantly, if you have been made a victim of a car accident, due to another party that was driving under the influence of drugs or alcohol, then you may have a personal injury claim on your hands. For your claim, you must satisfy your burden of proof and collect enough evidence that ties your injuries and damages directly to the negligence of another party. In addition, you may use the state of Arkansas’ dram shop law to your benefit.
More specifically, Arkansas’ dram shop law may allow you to seek damages against an alcohol vendor for the injuries and damages you incurred from one of their patrons. That is, you may argue the following points:
- An alcohol vendor knew or should have reasonably known that the patron was under the age of 21, but served them anyway.
- An alcohol vendor knew or should have reasonably known that the patron was intoxicated, but served them anyway.
How might social host liability play a role in my personal injury claim?
On the other hand, you may be allowed to seek damages against a social host for the injuries and damages you incurred from one of their guests. However, in the state of Arkansas, you can only do so if the social host provided alcohol to a guest who was under the age of 21. Meaning, you cannot hold a social host liable for solely providing alcohol to an intoxicated guest.
If you are ready to start building your case, then you must contact a skilled Fayetteville, Arkansas personal injury lawyer. We await your call.