Drunk driving refers to someone taking the wheel of a car while too intoxicated to operate the vehicle safely. Kansas law establishes a specific blood-alcohol limit. Those exceeding the limit are legally drunk and could face criminal charges. Anyone injured in an accident involving an intoxicated could use tests revealing blood-alcohol levels as evidence in a civil lawsuit.
Blood-alcohol content
Kansas law establishes .08% as the blood-alcohol limit to declare someone legally drunk. A person’s blood-alcohol content may reach .08% after four drinks, although other factors, such as weight, contribute to the results. This is not a figure exclusive to Kansas, as almost all other states have the same threshold, with Utah’s being lower.
Be aware that someone could be too impaired to drive even if their BAC is below the legal limit. Having one drink before driving could establish negligence if the driver causes an accident. Evidence of liability may extend any moving violations the person commits while intoxicated. Whether a person is drunk or not, speeding and going through a stop sign represents negligence.
Drunk and impaired driving dangers
Alcohol-induced impairments might lead to a drunk driving collision. A person using legal or illegal substances might pass out behind the wheel. Head-on collisions or other serious accidents might then result, leading to someone catastrophic injuries or even fatalities. A personal injury or wrongful death lawsuit may follow. Even if the drunk driver dies in the crash, the victims or the victims’ surviving family members may file a lawsuit against the estate.
In many situations, an auto policy’s liability coverage may pay for the losses incurred after a drunk driving collision. However, the driver might not carry sufficient insurance, if any at all. In those situations, the victim could file a claim against their policy’s uninsured or underinsured motorist coverage. Even if the victim is a pedestrian or a bicyclist, it may be possible to file an uninsured/underinsured motorist claim on a personal auto policy.