Why Drunk Driving Accidents Rise During the Holidays
The holiday season in Alabama should be a time of warmth, celebration, and connection with family and friends. The familiar sights of festive lights in Birmingham, community gatherings in Mobile, and the general spirit of goodwill create a unique and cherished atmosphere. Yet, beneath this joyful surface lies a sobering reality: the period between Thanksgiving and New Year’s Day is consistently one of the most dangerous times to be on our state’s roads. The increase in social events where alcohol is served contributes to a tragic spike in alcohol-impaired driving accidents, turning moments of celebration into sources of lifelong devastation for innocent victims.
When a person’s choice to drive under the influence shatters another family’s peace, the path forward can seem impossibly complex.
The Holiday Season: A Perfect Storm for Impaired Driving
Several distinct factors converge during the holidays to create a high-risk environment on Alabama’s roads. The very nature of the season, combined with common human behaviors, leads to an increased number of intoxicated drivers.
- Increased Social Gatherings: The holiday calendar is packed with events—company parties, neighborhood get-togethers, family dinners, and New Year’s Eve celebrations. Alcohol is often a central part of these festivities, and guests may not adequately plan for a sober ride home.
- Changes in Daily Routines: Normal schedules are often disrupted. People may be traveling to unfamiliar areas in cities like Montgomery or Huntsville, staying out later than usual, and driving on roads they do not normally use, which can compound the dangers of impairment.
- Holiday-Related Stress and Emotions: While a time of joy for many, the holidays can also bring significant stress, anxiety, or depression. Some individuals turn to alcohol as a coping mechanism, leading to poor decisions like getting behind the wheel.
- A Festive Mindset That Lowers Inhibition: The celebratory atmosphere can lead to a mistaken belief that having a few extra drinks is harmless. People often misjudge their level of intoxication and wrongly assume they are safe to drive.
This combination of factors means that all sober and responsible drivers must be on heightened alert for others who may be operating a vehicle while impaired.
What Does Alabama Law Say About Driving Under the Influence (DUI)?
Alabama has stringent laws to combat impaired driving. A driver can be charged with Driving Under the Influence (DUI) if they are in actual physical control of a vehicle while their ability to drive is impaired by alcohol or any other substance. The state defines legal intoxication primarily through Blood Alcohol Concentration (BAC).
- 08% BAC: For drivers 21 years of age or older operating a standard passenger vehicle.
- 04% BAC: For commercial vehicle drivers.
- 02% BAC: For drivers under the age of 21.
It is important to note that a driver can still be convicted of DUI even with a BAC below these limits if there is evidence their driving ability was impaired. Alabama also has an “implied consent” law, meaning that by operating a vehicle on a public road, you have automatically consented to a chemical test if lawfully arrested for a DUI. Refusing this test results in an automatic 90-day driver’s license suspension.
Criminal penalties for a DUI conviction are severe and escalate with each offense, including hefty fines, mandatory jail time, license revocation, and the required installation of an ignition interlock device.
The Devastating Consequences of a Holiday DUI Wreck
While the drunk driver faces criminal charges, the innocent victims are left to deal with the catastrophic aftermath. The harm caused in these collisions extends far beyond the initial impact, affecting every aspect of a victim’s life.
Economic Damages represent the calculable financial losses resulting from the crash. These are often staggering and can include:
- All Medical Bills: Coverage for every expense, from the ambulance ride and emergency room care to surgeries, hospital stays, rehabilitation, physical therapy, and prescription medications.
- Future Medical Needs: Compensation for anticipated long-term care, assistive devices, or future medical procedures.
- Lost Wages: Reimbursement for the income lost while the victim is unable to work during their recovery.
- Loss of Future Earning Capacity: If the injuries are permanent and prevent the victim from returning to their previous job or working at the same level, damages can be sought for this lifelong loss of income.
Non-Economic Damages are awarded for the profound, intangible ways the injury has impacted the victim’s life. These losses are very real and often constitute the most significant part of a claim. They include:
- Pain and Suffering: For the physical pain and emotional trauma caused by the injuries.
- Mental Anguish: Compensation for the psychological toll, including anxiety, depression, fear, and Post-Traumatic Stress Disorder (PTSD).
- Permanent Scarring or Disfigurement: For the lasting physical reminders of the collision.
- Loss of Enjoyment of Life: For the inability to participate in hobbies, recreational activities, and daily routines that once brought joy.
In the most tragic cases, where a drunk driver causes a fatality, the surviving family members may pursue a wrongful death claim to hold the negligent driver accountable.
What Are a Victim’s Rights After Being Hit by a Drunk Driver in Alabama?
If you are injured by an intoxicated driver, you have the right to seek full financial compensation for your losses through a civil personal injury claim. This is a separate process from the criminal DUI case the state will pursue against the driver.
- The Criminal Case: This is prosecuted by the state. Its purpose is to punish the drunk driver for breaking the law. A conviction may result in fines and jail time, but it provides little direct financial help to the victim.
- The Civil Case: This is a claim or lawsuit filed by you, the victim. Its purpose is to make you financially whole again by compelling the at-fault driver’s insurance company to pay for all your damages.
A critical aspect of Alabama law is its harsh rule of “contributory negligence.” This doctrine states that if a person is found to be even 1% at fault for an accident, they are completely barred from recovering compensation. However, in a drunk driving collision, the fault almost always lies entirely with the impaired driver, meaning this rule typically does not prevent an innocent victim from making a successful claim.
Potential Sources of Compensation for Drunk Driving Accident Victims
A thorough investigation is needed to identify all potential avenues for recovery. In Alabama, compensation may come from several sources.
- The At-Fault Driver’s Insurance: The primary source is the bodily injury liability coverage of the drunk driver’s auto insurance policy.
- Your Own Uninsured/Underinsured Motorist (UM/UIM) Coverage: If the drunk driver has no insurance or not enough insurance to cover the full extent of your serious injuries, you can turn to your own policy’s UM/UIM coverage. This is a vital protection that every driver should carry.
- Alabama’s Dram Shop Act: This is a lesser-known but powerful tool. Alabama law allows victims to hold a bar, restaurant, or other establishment liable if they sold alcohol to a visibly intoxicated person who then caused an accident. Proving a dram shop claim requires showing the establishment knew or should have known the person was intoxicated but continued to serve them anyway.
Critical Steps to Take After an Impaired Driving Collision
The actions you take in the minutes, hours, and days following a wreck are essential for protecting your health and your legal rights. If you are able, focus on these steps.
- Get to a Safe Location and Call 911: Move your vehicle out of traffic if possible. Report the accident immediately and inform the dispatcher if you suspect the other driver is intoxicated.
- Seek Immediate Medical Attention: Your health is the priority. Adrenaline can mask serious injuries. Go to the emergency room or see a doctor right away to get evaluated. This also creates a medical record linking your injuries to the crash.
- Document the Scene: Use your phone to take extensive photos and videos of the vehicle damage, the positions of the cars, skid marks, the surrounding area, and any visible injuries.
- Gather Information: Collect the name, address, insurance information, and license plate number of the other driver. Get contact details for any witnesses.
- Cooperate with Law Enforcement: Give the responding officer a clear, factual account of what happened. Mention any signs of intoxication you observed in the other driver, such as slurred speech, stumbling, or the smell of alcohol.
- Politely Decline to Give a Recorded Statement: An insurance adjuster for the at-fault driver will likely call you very quickly. Do not provide a recorded statement or sign any documents until you have consulted with an attorney. These are often used to devalue or deny your claim.
Proving Liability in a Drunk Driving Accident Claim
Building a strong civil claim requires gathering powerful evidence that proves the other driver was not only at fault but also intoxicated at the time of the crash. The evidence from the criminal DUI case can be invaluable.
Key pieces of evidence include:
- The official police accident report.
- The results of the driver’s breath, blood, or urine tests.
- Video footage from the officer’s dashcam or bodycam showing the field sobriety tests.
- Statements from witnesses who saw the driver drinking or observed their erratic driving.
- Receipts or credit card statements if a Dram Shop claim is being investigated.
- Testimony from accident reconstruction professionals.
An experienced attorney knows how to secure this evidence and use it to demonstrate the full extent of the driver’s negligence.
Holiday Driving Safety: Protecting Yourself and Others
While you cannot control the actions of other drivers, you can take steps to reduce your risk during the holiday season.
- Plan Ahead: If you plan to drink, designate a sober driver before you leave home.
- Use Alternatives: Take advantage of rideshare services like Uber and Lyft or call a traditional taxi. The cost is minimal compared to the cost of a DUI or a tragic accident.
- Host Responsibly: If you are hosting a party, provide plenty of non-alcoholic beverage options. Stop serving alcohol well before the party ends and arrange sober rides for guests who need them.
- Be a Defensive Driver: Stay vigilant, especially late at night and on weekends. Keep extra space between you and the car in front of you, and be on the lookout for drivers who are swerving, drifting, or braking erratically. If you see a suspected drunk driver, pull over and report them to the police.
Contact Burge & Burge, PC for Guidance After a Drunk Driving Wreck
The aftermath of a collision caused by a drunk driver is overwhelming. While you focus on healing, the legal and financial pressures can feel insurmountable. At Burge & Burge, PC, we are committed to protecting the rights of injured victims across Alabama. We manage the complexities of the legal process, from evidence gathering to negotiating with insurance companies, so you can focus on your recovery. If an impaired driver injured you or a loved one this holiday season, let us help. Contact us today at 205-947-2962 for a free, confidential consultation to discuss your case and learn how we can support you on the path forward.
