Sadly, while overall traffic deaths in the United States decreased slightly from 2005 to 2006, according to the National Highway Traffic Safety Administration's (NHTSA) Fatality Analysis Reporting System (FARS), alcohol-related traffic deaths rose from 17,525 in 2005 to 17,941 in 2006. Of these fatal "accidents", 13,613 in 2005 and 13,990 in 2006 involved a driver with a .08 BAC or higher. Furthermore, alcohol-related traffic fatalities are at an all time high since 1992.
Sadder yet, drunk driving accidents and fatalities are entirely preventable. Many states have chosen to send a strong message to owners and employees of bars, nightclubs, establishments and even private homes in which alcohol was served as well as to their patrons with “dram shop” laws.
Dram shop laws allow the owners and employees of these establishments to be held negligent in the event they provide excessive alcohol to a guest or patron and then allow the patron to drive off without regard for the potential consequences. In some cases, every establishment in which the drunk driver consumed an alcoholic beverage was held liable for a resulting accident.
In an auto accident caused by extreme negligence such as drunk driving, punitive damages may be assessed on all parties at fault. Punitive damages can result in far greater compensation to the injured party than that granted for the actual losses. Punitive damages are awarded in addition to the actual damages, which may include:
* Medical bills
* Disability
* Disfigurement
* Pain and suffering
* Lost wages
* Emotional distress
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