Driving Under the Influence in Spokane is considered a Negligent Act

Posted by Russell West | Sep 13, 2017 | 0 Comments

According to a February 2017 article in The Spokesman-Review, three people were injured during an early Sunday morning crash south of Spokane Valley.

The Washington State Patrol said that one of the suspects, a 37-year-old, was allegedly under the influence of drugs and/or alcohol. At the time of the accident, the driver was operating a blue 1991 Nissan Pathfinder. He allegedly lost control of the vehicle on SR 27. The vehicle crashed and rolled onto its roof.

The driver, along with two passengers, were taken to the Valley Hospital for medical treatment. The ages of the passengers were 34 and 35. None of the men, including the driver, were wearing seatbelts, according to police.

No one else was injured in the crash besides the passengers. It is not known whether the passengers will sue in civil court for their injuries. If an innocent victim was injured in the car crash, they would be able to sue in Spokane civil court.

A Spokane Civil Lawsuit Seeks Money for Injuries Caused by Another Individual

A civil lawsuit is different from a criminal lawsuit because an individual, not the state, sues. The individual seeks money and the wrongful party does not go to jail or prison for causing the accident. The injured victim of the accident seeks money, called damages, for a variety of injury-related expenses like:

  • Medical bills
  • Lost wages
  • Property damage

A Driver Must be Negligent for an Accident Victim to Receive Money Injuries

Negligence is a legal term meaning an individual failed to act as a reasonable person would in the same and/or similar situation. This standard is called a reasonable person standard. The reasonable person comes into play with a legal term called “legal duty.”

Legal duty is the implied responsibility an individual has to complete a task such as driving without injuring another person. Each person in Spokane has to abide by a legal duty when completing a task. Driving was given as an example, but there are many other examples where legal duty is involved such as receiving medical treatment, premise liability, and defective products.

In Spokane, Proving Negligence is Determined in Four Steps

In court, negligence is proven in four ways:

  • Duty
  • Breach of duty
  • Cause
  • Damages

A plaintiff, or injured victim, has to establish the defendant had a legal duty to protect him or her from harm. Once that is established, the victim has to show that the legal duty was breached. To breach a legal duty means to caused an accident with injuries.

The defendant must be a direct or indirect cause of the accident. In other words, the accident must be the defendant's fault. An attorney must also link the cause of the accident to the client's injuries. This allows a plaintiff to collect damages.

Contact West Law Office Regarding Your Spokane Personal Injury Accident Claim

You are allowed to sue the person who caused your injuries. Contact West Law Office regarding your Spokane personal injury accident. We will work hard to get you the money you need. Contact us.

(image courtesy of Aidan Bartos)

About the Author

Russell West

Russell West from West Law Office, located in Spokane, Washington represents clients in areas of criminal traffic, misdemeanors, and personal injury. DUI’s, Reckless Driving, Negligent driving, Hit and Run, and Driving with Suspended license are the majority of criminal traffic violations. Drug Charges, Theft, and Domestic Violence account for most of the other criminal cases Russell handles.

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Spokane Attorney Russell West practice areas include: Auto Accidents, Personal Injury, Motorcycle Accidents, Slip and Falls, DUIs, DOL Hearings, Criminal Traffic, Expungement/Vacating Records, and Insurance Bad Faith,

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