Before the coronavirus pandemic, the number of DUI-related crashes had slowly but steadily declined for several decades. But COVID-19 lockdowns had some unintended consequences, such as a sharp increase in the number of DUI-related crashes.
More than 114,500 people were killed in traffic crashes on U.S. roads from May 2020 through December 2022, the study noted. That’s nearly 17,000 more deaths compared to what would have been expected under pre-pandemic trends, according to the organization.
“Our study points to an ongoing disturbing trend of risky driving behaviors,” Dr. David Yang, president and executive director of the AAA Foundation, said in a news release.
Also according to the study, the pandemic exacerbated existing disparities in traffic safety. Between 2020 to 2022, Black Americans, who comprise about 12 percent of the U.S. population, accounted for about 34 percent of the entire rise in traffic fatalities relative to how many would have been expected based on the pre-pandemic trend. Hispanic Americans, 19 percent of the U.S. population, accounted for about 25 percent of the increase.
Additionally, and contrary to initial assumptions, the AAA Foundation said the increase in deadly crashes wasn’t limited to times when the pandemic cleared previously congested daytime roads. Late nights and early mornings saw the most significant spikes.
The AAA Foundation said the research underscores the need for equitable transportation solutions and holistic safety approaches that address broader traffic safety issues beyond the pandemic’s effects.
Why Alcohol Causes Car Crashes
Alcohol is a powerful mood-altering drug that’s great for parties, but terrible for drivers. Specifically, alcohol affects judgement and motor skills.
Usually, alcohol replaces sober judgement (sorry for the pun) with an artificial sense of euphoria. As a result, drunk or impaired drivers don’t appreciate the hazards they encounter on the road. Additionally, people with alcohol-soaked brains cannot make accurate judgments, such as the distance between their vehicles and other ones or the amount of time they have to pass through an intersection before the light turns red.
Furthermore, alcohol slows reactions. So, when these drivers make serious judgement errors, they cannot correct them quickly enough. Moreover, drunk or impaired drivers cannot quickly react to unexpected situations, like other vehicles pulling out in front of them.
First Party Liability
We mentioned the difference between drunk and impaired. For most purposes, these terms are interchangeable. But for a Marietta personal injury lawyer, these two terms are very different.
“Drunk” is usually a .08 BAC. The BAC limit is lower in some cases, mostly if the tortfeasor (negligent driver) was under 21 or a commercial driver, including an Uber driver. “Drunk” could also be a loss of mental or physical faculties, based on the results of the walk-and-turn and other field sobriety tests.
Most Cobb County-area jurisdictions have mandatory DUI arrest policies. These policies have consequences in civil court, because a Marietta personal injury lawyer can use the negligence per se shortcut to establish liability. Tortfeasors are liable for damages as a matter of law if:
- They violate a safety law, and
- That violation substantially causes injury.
Additional evidence, such as the amount of alcohol the tortfeasor consumed or the crash’s severity, is relevant to the amount of damage.
“Impaired” is basically a partial loss of mental or physical faculties. The negligence per se shortcut could still apply in these cases, if emergency responders issue a “less safe” citation under 40-6-391(a)(1) or (2). Generally, however, an attorney must use the ordinary negligence doctrine to establish liability in these situations. This doctrine has four basic prongs:
- Duty: Most drivers have a duty of reasonable care to avoid accidents if possible and always follow the rules of the road. This legal principle is based on the moral principle of the Good Samaritan.
- Breach: Drivers breach (fall short of) the duty of care when they cause accidents or don’t obey the rules of the road. Alcohol’s impairing effects start with the first drink.
- Cause: Quite simply, cause is a connection between the breach and the damage. A Marietta personal injury lawyer must also establish foreseeability (possibility) of injury.
- Damages: An ordinary negligence claim only holds up in court if the victim sustained a physical injury or suffered tangible property loss. A near-miss is careless, but not negligent.
In both scenarios, the victim/plaintiff must establish facts by a preponderance of the evidence (more likely than not). Because this standard of proof is so low, a little evidence goes a long way. For example, in a negligence per se matter, an arrest is usually enough to prove a case.
Third Party Liability
We mentioned commercial drivers above. If a drunk or impaired commercial driver causes a crash, the respondent superior doctrine usually applies. According to this legal rule, employers are financially responsible for compensation if their employees negligently cause injury during the course and scope of employment.
Georgia’s dram shop law also applies in many of these claims. Commercial providers cannot see alcohol to visibly intoxicated people. Evidence of intoxication includes:
- Bloodshot eyes and other physical symptoms,
- Previous alcohol purchases, and
- Tortfeasor’s statements about intoxication.
Foreseeability, a concept we touched on above, is a key issue in packaged alcohol sales. Usually, it’s foreseeable that a tortfeasor will open a can of beer and take a few sips, or maybe more than a few sips, on the way home.
Compensation in a vehicle collision claim usually includes money for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering. Additional punitive damages may be available as well, in some extreme cases.
DUI-Related Crashes and Criminal Cases
A few final words about the overlap between DUI crashes in civil court and DUI charges in criminal court. The “driving” portion of a driving under the influence case is usually hard to establish in criminal court.
The burden of proof in criminal court (beyond any reasonable doubt) is much higher than the burden of proof in civil court. Usually, people exit their vehicles following collisions. So, unless a credible eyewitness “wheels” the defendant, or the defendant admitted driving, there’s usually insufficient evidence on this point.
DUI-related crashes occur almost every day in Georgia. For a free consultation with an experienced Marietta personal injury attorney, contact The Phillips Law Firm, LLC. We routinely handle matters in Cobb County and nearby jurisdictions.
