Drunk driving is a safety concern that affects everyone on the New Mexico roads. Even those who never drink before getting behind the wheel could be at risk of severe injury if they encounter an impaired motorist in traffic.
Drunk drivers cause many of the most serious collisions in New Mexico every year. Sometimes, they put people in the hospital. Other times, they cause crashes where people die. The collisions they cause can have major financial implications for the people in the other vehicle or those left behind after a tragedy.
Who typically pays for the costs generated in a drunk driving collision?
An insurance company
Some people worry that scenarios involving illegal activity, like drunk driving, make insurance unavailable. Thankfully, liability car insurance still applies in scenarios where the driver at fault flagrantly violated the law.
The people harmed by a drunk driving crash can file an insurance claim seeking compensation for property damage losses and any injuries caused by the collision. Sadly, the insurance coverage available may be relatively low. Even generous policies can fall far short of the total economic impact caused by a drunk driving crash.
Bars and restaurants
Quite a few drunk drivers patronize businesses before they drive home while drunk. Businesses licensed to serve alcohol in New Mexico have an obligation to follow service standards. Those rules include a prohibition on serving underage customers and those visibly drunk already.
Provided that the people affected by the crash can prove the drunk driver patronized a business that violated alcohol service laws, they may be able to pursue a dram shop liability claim against the business that served alcohol to the drunk driver.
The impaired motorist
Personal injury statutes in New Mexico allow those harmed by a drunk driver to file a lawsuit. Litigation is also possible if a drunk driver causes a fatal wreck. The courts can award the affected parties compensation for losses that go beyond what they recovered through insurance. The drunk driver may have to personally cover the costs of the crash that they caused.
Looking into every option for compensation is often beneficial for those harmed by intoxicated motorists. A combination of insurance and litigation can potentially help to mitigate the economic harm caused by an impaired driver.
