Jonesboro Drunk Driving Accidents
Motor Vehicle Collision Lawyers Serving the Jonesboro Area
About one in three traffic deaths in the United States involve a drunk driver. From 2003-2012, over 1,700 people were killed in crashes involving drunk driving in Arkansas. People who drive while under the influence of alcohol or drugs place themselves and countless innocent victims at risk of death or serious injury. If you have been injured in a drunk driving accident in Craighead County, call our Jonesboro drunk driving accident attorneys today to discuss your legal rights and how you may recover for your losses. Nahon, Saharovich & Trotz has obtained more than $1.5 billion in recovery for car wreck victims through settlements, judgments, and jury verdicts.
Criminal Penalties for Drinking and Driving in Jonesboro
All 50 states, including Arkansas, have enacted laws prohibiting driving while under the influence of drugs or alcohol. In Arkansas, it is illegal to drive while intoxicated, which means driving with a blood alcohol concentration (BAC) of 0.08% or over. Driving under the influence (DUI) is punishable by law, and possible criminal penalties include incarceration, community service, fines, probation, mandatory alcohol or substance abuse counseling, and ignition interlock devices. Drunk driving may also result in administrative action by the State, such as a revoked or suspended driver’s license.
Damages Available to Drunk Driving Accident Victims
Criminal penalties serve to punish the wrongdoer for breaking the law, and violators are prosecuted by the State of Arkansas to protect its citizens. On the other hand, civil remedies typically seek to make an injured party whole, as if the incident never occurred in the first place. The victim of a car wreck in Jonesboro can pursue a civil claim for compensatory damages if injured as a result of a motor vehicle collision with an intoxicated driver. It is important to note that the defendant being convicted of DUI in criminal court is not always necessary for an injured party to prevail in a civil action. The burden of proof in a criminal case, beyond a reasonable doubt, is much higher than in a civil case, which is usually a preponderance of the evidence.
Compensatory damages in a drunk driving accident can be monetary and therefore serve to compensate the accident victim for his or her property damage or loss, medical and prescription expenses, lost wages, lost future earnings, pain and suffering, and mental anguish. In some cases, a car accident victim may be able to recover punitive damages. Damages are different in each car accident case, making it beneficial to speak with a drunk driving accident lawyer in Jonesboro who can help you document and develop this portion of your case.
Similar to criminal penalties, punitive damages following a drunk driving accident in Jonesboro seek to punish the drunk driver (as well as others in the community) to prevent drinking and driving in the future. Punitive damages are usually reserved for only the most serious cases but may be awarded to an accident victim if the intoxicated driver’s actions are particularly egregious or intentional. In order to recover punitive damages, an Arkansas drunk driving accident victim must prove by clear and convincing evidence that such damages are warranted. If that burden of proof is met, then the victim may recover the greater of $250,000 or three times the actual damages awarded in the action, up to $1 million.
Discuss Your Drunk Driving Accident Case with a Jonesboro Attorney
If a drunk driver crashes into you and causes you to suffer injuries, you may be entitled to compensatory and punitive damages. Nahon, Saharovich & Trotz has represented victims of car accidents for more than 30 years, and our Jonesboro drunk driving accident lawyers understand the types of damages that could be available to drunk driving accident victims. Our firm represents people in Tennessee, Arkansas, Mississippi, Missouri, and Kentucky, including in Memphis, Nashville, Knoxville, Chattanooga, Jonesboro, Little Rock, Jackson, Meridian, Tupelo, Columbus, Grenada, Starkville, Oxford, Hayti, and Caruthersville. Call us toll-free at 800-LAW-4004 or complete our online form to set up a free consultation with one of our car accident lawyers. NST is the way to go.
Most car accidents are preventable and occur as a result of errors by one or more drivers. To prove liability, you will need to establish by a preponderance of the evidence that the driver owed you a duty of care, which was breached, and that your injuries resulted from the driver’s carelessness. Damages that may be available in these cases often include medical expenses, lost income, mental anguish, loss of consortium, and pain and suffering.
Truck drivers are required to follow numerous detailed regulations, including rules related to hours of service, keeping a logbook, and maintenance procedures. Many of these regulations are intended to protect other people on the road from harm. In some states, if a driver violated a law that was enacted to protect the public, the violation can create a rebuttable presumption of negligence. Trucking companies are also required to follow a number of regulations, including rules related to background checks of drivers and proper supervision. They often may be held directly or indirectly liable for a truck accident.
The Social Security Administration (SSA) evaluates applications for disability benefits. Although many people pay into this system throughout their lives, many legitimate claims are initially denied, and this process may be less straightforward than claimants expect. The SSA uses a five-step sequential evaluation to determine whether to grant benefits to an applicant. Each step is considered in a set order. We can present your case in a persuasive manner and help you appeal a denial of a meritorious claim if needed. This could include representing you in a hearing before an administrative law judge.
Workers’ compensation functions slightly differently in each state. In Tennessee, for example, businesses that employ five or more employees must carry workers’ compensation insurance. If you are injured on the job, you may recover benefits, such as medical costs and disability. Neither your employer’s nor your own culpability for your injuries will prevent you from collecting these benefits. However, it may still be a struggle to obtain benefits from your employer’s insurer. We can help you navigate this challenging process.
If you were harmed by a health care professional’s failure to use the appropriate level of care in providing treatment to you, you may be able to recover compensation. Most medical malpractice lawsuits require retaining an expert to determine the accepted standard of care and explain what the defendant did that fell short of this standard, as well as how the inappropriate conduct caused the patient’s injuries.
When you buy a toy, car, medication, or other product, you do not expect to be hurt. If you are injured, you may have grounds to file a product liability lawsuit. There are three types of defects that may be actionable: manufacturing, design, and marketing (also known as failure to warn). Manufacturers may be held accountable under multiple different theories, including strict liability, negligence, breach of warranty, and concealment. For example, if you take a drug that causes you to develop cancer, but you were not told that a potential side effect of the drug was developing cancer, you may have grounds to hold the manufacturer strictly liable for its failure to warn you of the risk.
Nursing home residents are often elderly or disabled, and thus they are especially vulnerable to neglect, physical abuse, and exploitation by staff members. Unfortunately, many nursing homes are understaffed or employ staff members who are inadequately trained to deal with potentially frustrating situations. Nursing homes are required to protect their residents from physical, mental, and emotional harm by providing a safe environment, as well as adequately training and supervising staff. A failure to do so may be grounds for a nursing home negligence lawsuit for damages.
Property owners have a duty to keep their property reasonably safe. In most situations, this includes an obligation to inspect the property for dangerous conditions and fix them or provide warnings about them so that visitors are not harmed. One type of dangerous condition, which may present a particular problem in apartment complexes or shopping centers, consists of inadequate security measures such as broken locks, poor lighting, or a lack of security guards. A failure to take security measures when appropriate may allow third-party criminals to assault, rob, rape, or otherwise harm visitors and tenants. You may be able to recover damages if you can prove that the defendant knew or should have known about a history of attacks similar to yours and taken appropriate security measures to reduce the risk of further incidents.
Consult a Personal Injury Lawyer in Memphis or the Surrounding Regions
If you are dealing with a devastating injury or medical condition, the Memphis personal injury attorneys at Nahon, Saharovich & Trotz can evaluate and explain your options. Our firm has 30 attorneys and more than 100 staff members, and we serve injured people in many areas of Tennessee, Mississippi, Arkansas, Missouri, and Kentucky, including Memphis, Nashville, Knoxville, Chattanooga, Jonesboro, Little Rock, Jackson, Meridian, Tupelo, Columbus, Grenada, Starkville, Oxford, Hayti, and Caruthersville. Contact our office toll-free by calling 800-529-4004 or by completing our online form to set up a free consultation with a personal injury, workers’ compensation, or Social Security Disability lawyer. Once you have learned more about our vigorous advocacy for the rights of the injured, you will realize that NST is the way to go.