Courtesy of iii.org
Drinking alcohol is a major cause of traffic accidents. According to data from the U.S. Department of Transportation and the National Highway Traffic Safety Administration (NHTSA), in 2015 there was an alcohol-related fatality in road accidents every 51 minutes.
An alcohol injury accident is a crash involving one or more drivers or motorcyclists with a blood alcohol concentration (BAC) of 0.08% or higher, the legal definition of drunk driving. According to the NHTSA, there were 10,265 drunken deaths in 2015, up 3.2% from 9,943 in 2014. In 2015, 29% of all accident deaths were caused by alcohol-related accidents.
The definition of drunk driving was consistent across the United States until March 2017. All states and the District of Columbia defined disability as driving with a blood alcohol concentration (BAC) of 0.08% or greater. In addition, all of them have zero tolerance laws that prohibit drivers under the age of 21 from drinking and driving. Typically, the BAC limit in these cases is 0.02%. In March 2017, the Governor of Utah signed a law that came into force on December 30, 2018, lowering the drink driving limit for most drivers to a national low of 0.05% BAC.
The Drunk Driving Prevention campaign specifically targets drivers under the age of 21, habitual offenders, and the age group with the highest number of alcohol-related deaths between the ages of 21-34. According to the NHTSA, young drivers are the least responsive to arguments against drunk driving.
To help liquor sellers and servers pay more attention to who and how they serve their beverages, 42 states and the District of Columbia have introduced a new regulation that regulates commercial liquor servers legally liable for damage, injury, and death caused by drunk drivers. enacted laws or enacted case law. Thirty-nine states have enacted laws or have case law permitting social hosts who serve alcohol to people later involved in accidents to be held liable for injury or death. (see chart and background below)
recent development
- According to the latest data from the National Highway Traffic Safety Administration (NHTSA), in 2015, 10,265 alcohol-related deaths accounted for about 1 in 3 (29%) of highway deaths on U.S. roads. In 2014, there were 9,943 deaths.
- The ignition interlock system requires the driver to blow a device such as a breathalyzer to ensure that the individual is not intoxicated before starting the vehicle. A report published in January 2017 by the Johns Hopkins Bloomberg School of Public Health found a 7% reduction in road fatalities in states that mandated ignition locks for first drunk driving offenders. Researchers studied traffic fatalities for about five years, from the late 1980s to 2013, when all states began passing interlocking laws that required under some circumstances. For background, see habitual offenders.
- Drunk Driving by Gender: According to the latest NHTSA data, 14% (1,761 drivers) of female drivers involved in fatal crashes in 2015 had an alcoholic disability, down 1 percentage point from 2006. In contrast, 21% of male drivers involved in fatal crashes were alcoholic. Decrease in 2015 from 24% in 2006
- Drunk Driving by Age: According to data from the NHTSA, in 2015, drivers aged 21 to 24 had the highest percentage of fatal crash drivers who died from alcohol consumption at 28%, followed by drivers aged 25 to 34 at 27% and drivers aged 35 to 44 years. 1 year old drivers are 23%. In fatal crashes, the proportion of drivers with alcoholic disabilities was 19% aged 45-54, 16% aged 16-20, 14% aged 55-64, 9% aged 65-74, 6% drivers aged 74 and over.
- Drunk driving by vehicle type: According to 2015 NHTSA data, 27% of motorcyclists involved in fatal crashes have an alcoholic disability, compared to 21% of passenger car drivers and 20% of light truck drivers. In 2015, only 2% of heavy truck drivers involved in fatal crashes were alcoholics.
- Social Host Responsibilities: The Massachusetts Supreme Court ruled in February 2012 that a social host could be held liable for off-premises injuries to people as a result of a guest’s drunk driving only if the host served or provided alcohol. The person hosting the “Bring Your Own” party is not liable, even if the guests are minors. A court dismissed an attempt by an injured 16-year-old parent to sue an 18-year-old host of the party. The young man was injured when he collided with a car driven by a man who brought his alcohol to the party. The problem was that the driver, not the owner, supplied the alcohol. The lawsuit argued that the host should be found negligent in allowing drivers to drink at home, but the court had previously ruled that the host could not be held liable for the drink of its guests if the host did not control the supply of alcohol. said to have shown. . Massachusetts state law and court cases hold social hosts liable if they serve alcohol (see Chart: Statute or Court Cases Responsible for Alcoholic Beverage Providers).
- Also in February 2012, the New Mexico Supreme Court overturned the 2004 case, finding circumstantial evidence of the driver’s drinking was sufficient to support a jury’s finding that the driver was intoxicated. Evidence presented in a previous trial showed that the driver who struck and killed the motorcyclist had a blood alcohol concentration of 0.09% five hours after the accident. The gas station owner, who worked and drank a lot of beer bought at the gas station, claimed that the driver was unaware of the driver’s condition. The court ruled that the blood test was sufficient to prove that the driver was intoxicated. The judgment holds the liquor seller liable if evidence exists under the existing drama shop law.
