You may be driving home from work or at night when you see a motorist in front of you driving erratically. Maybe they are swerving between lanes or are having trouble controlling their speed. Why might a motorist be driving like this? One possibility is that they are intoxicated. The following are some ways to identify a drunk driver on the road.
BAC of .08
A person with a BAC of .08 is considered legally intoxicated. They will have difficulty reacting to driving condition and deducting dangers. They will have a hard time controlling their speed and their perception may be impaired. They may quickly slow down or speed randomly and drift between lanes, often straddling lanes. They may come close to striking an object or another vehicle. They may forget to use their headlights at night. In extreme case they may drive down the wrong side of the road.
BAC of .05
A person with a BAC of .05 is below the legal limit. However, they could still be a danger on the road. A person with a BAC of .05 may have a hard time tracking moving objects and thus could strike a vehicle, especially in emergency situations. Their response time may be reduced, meaning they could not stop in time to avoid causing a car crash.
Drunk driving is negligent driving
Drunk driving is a form of negligence, which could form the basis of a lawsuit. There are several elements to a negligence claim following a car crash. First, the defendant must owe a duty to the plaintiff. All drivers have a duty of care to drive reasonably under the circumstances. Second, there must be a breach of this duty. Drunk driving breaches a motorist’s duty of care. Third there must be cause, meaning that but for the breach the crash would not have happened, and the crash must have been a foreseeable consequence of the defendant’s actions. Finally, the plaintiff must have suffered compensable damages.
Spotting drunk drivers
You should always be aware of your surroundings when driving. Other motorists may not be as vigilant as you are. Some will even take unnecessary and unlawful risks like drunk driving. If you spot a drunk driver on the road you will want to take care to avoid them if possible. If you are involved in a drunk driving accident, you will want to explore all your legal rights and options so you can make informed decisions.