Earlier last month, one woman was killed while she was waiting for the bus when she was hit by a drunk driver. According to one local news report, the tragic accident occurred on the 1100 block of Cresthaven Drive just after 11 in the morning.
A witness to the accident told police that the driver was seen erratically driving a red 2005 Nissan X-Terra shortly before the accident. At some point, the driver crossed over into the left lane and hit the victim, who was waiting near a Ride On bus stop. After hitting the woman, the driver vehicle continued on, eventually hitting a 1999 Buick that was parked on Park Avenue and then a 2010 Ford Focus that was parked in a nearby driveway.
Police arrived on the scene and immediately took the driver into custody for suspicion of drunk driving. The results of the driver’s blood-alcohol content are still outstanding, but it is expected that the results will show that he was legally intoxicated. Changes against the driver are pending, awaiting the result of the investigation.
What Constitutes Drunk Driving in Maryland DUI Accident Cases
It is illegal to drive under the influence of drugs or alcohol in Maryland. This includes both illegal and legal drugs. This means that, even if a driver is prescribed medication, if it can be shown that the prescribed medication clouded their judgment, they can still be held to have been driving under the influence.
Regarding alcohol, the legal limit in Maryland is .08 blood-alcohol content. This is equivalent to 8% alcohol in a driver’s blood. It is important to note, however, that a driver can still be found to have been driving drunk even though there was no blood-alcohol test conducted or the result of the test showed a BAC under .08.
In such cases, the driver may be found liable under a theory of “general impairment.” General impairment cases rely on eyewitness testimony that show that the driver was in fact impaired at the time of the accident. For example, testimony that the driver was stumbling or had slurred speech or red, bloodshot eyes may go to whether he or she was impaired at the time of the accident, regardless of the presence of a BAC test.
Have You Been Involved in a Maryland DUI Accident?
If you or a loved one has recently been involved in what you believe to be a DUI accident, you may be entitled to monetary damages based on that driver’s reckless decision to get behind the wheel after drinking. Keep in mind, however, that there are many procedural hurdles that even the most meritorious case must comply with, or the plaintiff runs the risk of having their case dismissed. In some cases, the plaintiff may lose their opportunity to bring the case at all. To avoid these kinds of procedural defaults, make sure you consult with a dedicated Maryland accident attorney prior to filing your case. Call 410-654-3600 to set up a free consultation with an attorney today.
More Blog Posts:
Personal Injury Plaintiffs Lose on Appeal Due to Inadmissible Expert Testimony, Maryland Car Accident Attorney Blog, published February 17, 2015.
One Man Dead after Fatal Howard County Accident Involving Snow Plow and Icy Roads, Maryland Car Accident Attorney Blog, published February 24, 2015.