Drunk Driver Hits FiremanMark Clore ·
The following article demonstrates how a DUI may also result in a personal injury lawsuit.
Two Goose Creek firefighters have been released from the hospital after they were hit by a car while on the scene of a separate accident. The driver is accused of hitting the two firefighters with her car. She has been charged with driving under the influence.
The incident happened around 12:20 a.m. Wednesday on US-176 near the Walmart in Goose Creek. According to an incident report, two firefighters wearing reflective fire gear were walking towards an emergency vehicle when the suspect's vehicle struck both of them. The force of the impact then flung both of the victims onto the left side of an emergency vehicle. One firefighter suffered a fractured left ankle while the other had a fractured left leg. Both were taken to Trident Medical Center and were later released. Lanier told authorities that she had three beers over the course of three hours. She is being held at the Berkeley County Detention Center. Find the story here.
Personal Injury Related to DUI
This instance is another example of where the criminal and civil legal system overlap. The charge in the story is a criminal charge. The firemen will have a strong personal injury claim, regardless of the outcome of the criminal charges. It will be a decision the injured parties will make for themselves, but the facts of the case as reported are promising for a favorable personal injury lawsuit. Personal Injury lawsuits require the attorney to prove negligence. This requires the plaintiff's lawyer to demonstrate the defendant had a duty of care towards the injured. Driving a car all but assumes a duty of care. They must then demonstrate the defendant breached said the duty of care. The DUI charge would lead one to believe the breach would not be difficult to choose; however, it may not be so easy if the defendant's BAC is below the limit. Regardless of the BAC, 2 fireman dressing in reflective clothing next to the ambulance should be fairly easy to see. A personal injury lawyer may argue those facts demonstrate carelessness and reckless behavior. An insurance company or jury favors the plaintif when the defendant's behavior is found to be careless or reckless.
Personal Injury Attorney in Charleston
When people are injured due to another party's careless actions, the law provides to financial restitution. A personal injury lawsuit can result in a financial award to may for current and future medical treatment, as well as pain and suffering. If you suffered a personal injury, contact the Clore Law Group today.
Clore Law Group welcomes your questions about any issues concerning a serious personal injury, car accident, medical malpractice, nursing home neglect, business tort, or workplace injury. If you have a viable claim, we’ll explain the legal process. Since consultations are always free, there’s no cost in learning your legal options.