Highways are dangerous places, even though many drivers seem to take the safety rules and regulations for granted. Regardless of legal measures that govern highway interaction, there are still many drivers on the road who do not respect those rules or the other drivers. Of this group, drunk drivers are the most egregious violators. Of course, many accidents occur annually involving those who practice drunk driving that leave other motorists with severe long-term injuries, often resulting in wrongful death.
The law of vehicular control is the legal doctrine that is routinely applied to any rear end collision, regardless of the number of cars involved. Multiple vehicle accidents are essentially a series of simple collisions, most of which are adjudicated as a rear end accident. These accidents can also be very complicated and the injured or affected novice victim should never attempt to represent themselves in this type of rear end accident. It is important to have an experienced auto accident attorney representing and negotiating your case amid the other legal teams. They will surely be there when an accident goes to court.
Fault is not always the only consideration in determining liablility in an auto accident. The vehicular control law states that all drivers should have their vehicle under control at all times, including maintaining a safe following distance. Following too closely is the most common component of any typical rear end collision, but typical does not include drunk driving accidents. When drivers are guilty of drunk driving, the amount of negligence can become egregious, and a rear end accident involving a tailgating drunk driver can be more valuable because of this negligence level. Illegal behavior can also establish automatic liability.
It is obvious that many times a rear end collision can be a complicated case. Standard fender benders can sometimes be relatively simple, and often do not appear to require an attorney for a proper claim settlement. The problem is that the insurance company for the negligent party is not required to tell the victim about the defendant’s insurance policy. This information denial can easily result in a reduced settlement amount because the unrepresented victim is not aware. An effective auto accident attorney can use the possibility of a trial to maximize a settlement, as juries actually determine application of punitive damages in egregious negligence accidents, especially involving a drunk driver. Attorneys can also investigate the accident and search for more insurance coverage and possible multiple respondents.
The punitive damage possibility means that anyone injured in a rear end collision needs a solid legal professional to negotiate all damage claims. Calculating punitive damages can also be complicated and a punitive award will not occur without professional representation for the injured victim. The willingness to take an accident to trial that involves a drunk driver can be vital in a proper legal agreement, and being represented by an experienced and effective trial attorney can make a real difference in the final outcome.