12.10 Empowered Consumer: Deck The Roads Without Drunk Drivers

‘Tis the season to be merry. Office parties, social parties, ugly Christmas sweater parties, or the fabulous Girl Power Hour Holiday Party December 15 – there is a lot of socializing…and drinking in the month of December. In fact, December is National Drunk and Drugged Driving Prevention Month.

First started in 1982 by President Ronald Reagan, this national holiday has experienced increased community support and continues to promote safer streets on a daily basis.

With your Santa hat, elf costume, or perfect holiday cocktail dress, inhibitions are lost with a drink or two…and risks of injury increase.

National Commission Against Drunk Driving Statistics

41 percent of all traffic crashes are alcohol-related.
Nearly 600,000 Americans are injured in alcohol-related traffic crashes each year.
Someone dies in an alcohol-related traffic crash every 30 minutes. Every two minutes someone is hurt (nonfatally injured) in an alcohol-related accident.
Three out of every 10 Americans face the possibility of being directly involved in an alcohol-related traffic crash during their lifetime.

Tips to Stay Merry & Avoid Legal Trouble Here are a couple tips for party hosts and party-goers to stay safe and out of trouble this season:

1. Hostess With the Most-est…Responsibility If you are hosting a party and serving alcohol, it is important to monitor your guests’ alcohol consumption. If your guest seems intoxicated – words are slurred, motor skills are deteriorating with each wobbly step and gesture and sentences are no longer properly forming – your guest should be cut-off. If not, and rather than taking away the car keys and offering water and food, you continue to make the alcohol available to the guest, you are over-serving and may be liable for injuries to those your guest may hurt.

If the guest leaves your party, after over-indulging in your alcohol and hurts another person due to your guest’s intoxication, you may be liable for the victim’s injuries since you over-served. This liability theory is similar to dram shop law that holds bars who over-serve patrons who then go and hurt another person responsible for the victim’s injuries. The rationale is that as the host, you are responsible for and control your premises and the activities that occur on it – including alcohol consumption.

2. Moderation

You survived another year, are celebratory of new beginnings around the corner in 2012, or just love to party. You can celebrate 2011, but do so in moderation. Counter each drink with at least one full glass of water and be sure to have a sizable meal or a steady grazing pace at the hors d’oeuvres table.

Keep in mind there are many more intoxicated drivers than usual this time of year. So, even if you are being responsible by hailing a cab or staying sober, you still may be injured by a drunk driver. Stay aware and keep a distance from erratic drivers.

Unfortunately, last night an intoxicated driver, in his 20s, recklessly hit five pedestrians in the crosswalk outside of Nectar in Fremont, critically injuring one. An incident that now has altered everyone’s life. Easily avoidable by taking it easy on the drinks, or leaving the car and hailing a cab. Hopefully the man has a sizable insurance policy to compensate the victims for their injuries and suffering. If not, then hopefully each pedestrian has an auto policy that provides Personal Injury Protection (PIP) and Underinsured/Uninsured Motorist (UM/UIM) coverage.

So, be safe this year and have a non-alcoholic eggnog or a soda to keep yourself below .08, or earrange for a designated driver.

Happy Holidays!

~Alexandra Filutowski

Disclaimer: This page is intended for general information purposes only and should not be construed as legal advice or legal opinions on any specific facts or circumstances. An attorney-client relationship with Alexandra Filutowski of The Filutowski Law Firm, PLLC is not created or continued.

Alexandra Filutowski

Alexandra is a Puget Sound native with a passion to help individuals stand up for their legal rights. She opened her own law practice in the Queen Anne neighborhood of Seattle. The Filutowski Law Firm, PLLC is dedicated to representing individuals throughout Washington State in personal injury, insurance coverage, employment and business disputes. They offer expeditious legal solutions and superior client satisfaction. In her spare time she enjoys rock climbing, boating and traveling abroad.

* This post is from a Girl Power Hour featured blogger. It is not written, edited or endorsed by Girl Power Hour. The authors are solely responsible for content.

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