Understanding the legal implications and the process of seeking justice in wrongful death in drunk driving cases is crucial for those affected by this senseless crime.
Establishing Negligence and Liability
In a wrongful death case involving drunk driving, the plaintiff (typically the surviving family members) must establish that the defendant (the drunk driver) acted negligently and their negligence directly caused the victim’s death.
Proving Intoxication and Impairment
Crucial evidence in these cases includes the driver’s blood alcohol content (BAC) at the time of the accident, which can be obtained through chemical tests or eyewitness accounts of their behavior. A BAC above the legal limit is evidence of impairment and negligence.
Assessing the Duty of Care
All drivers owe a duty of care to others on the road. This means they must operate their vehicles responsibly and avoid actions that could endanger others. Driving under the influence of alcohol or drugs violates this duty, making the drunk driver liable for any resulting harm.
Damages and Compensation
If successful, a wrongful death claim can provide financial compensation to the surviving family members to help alleviate the burden of their loss and cover various expenses.
Economic Damages
These include quantifiable losses such as funeral and burial costs, lost income and benefits the deceased would have provided, and any medical expenses incurred before the victim’s death.
Non-Economic Damages
These damages compensate for intangible losses, such as emotional distress, loss of companionship, and the pain and suffering experienced by the surviving family members.
Punitive Damages
In some cases, punitive damages may be awarded to punish the drunk driver for their egregious and reckless behavior, serving as a deterrent to others considering such actions.
Wrongful Death Claims in Boulder, CO
If you’ve lost a loved one due to a drunk driving incident in Boulder, Fort Collins, Longmont, or Loveland, CO, you don’t have to face this challenging time alone. The knowledgeable attorneys at Jeffress Law are here to guide you through every step of your wrongful death claim.
Call us today at 303-632-9748 to schedule a consultation and learn how we can help you seek justice and compensation for your loss.
