Articles Posted in Drunk Driving Victims

It may seem like common courtesy to change lanes to provide emergency vehicles on the side of the road more room, but law enforcement wants you to remember, this gesture is more than common courtesy. For the safety of all involved—drivers as well as emergency vehicles and personnel—giving a wide girth of space to side-of-the-road emergency vehicles and personnel, is law.

The law (Section 32-5A-58.2), passed in 2009, is designed to protect not only law enforcement officers and emergency responders assisting motorists on the side of the road, but also tow truck drivers and other maintenance personnel who may be conducting business on Alabama’s roadways. If drivers are unable to completely vacate the lane nearest the emergency or maintenance vehicles, the law states the following:

“If it is not safe to move over, the driver shall slow to a speed that is at least 15 miles per hour less than posted speed…”

On Monday, August 28, 2015, a Geneva County jury awarded $3.8 million in damages to three people who were struck by a car driven by a “buzzed” driver. The accident occurred on October 15, 2013. Randell and Donna Heard were driving from Hazel Green, Alabama to Panama City Beach, Florida when 16-year old, Timothy Joel Thomas, ran a stop sign and crashed into their vehicle. The collision seriously injured Randell and Donna Heard as well as a 16-year passenger in Thomas’ vehicle.

During trial, Thomas testified that he may have consumed between one and three tallboys before getting in the vehicle and driving down the road. The evidence proved that Thomas’s blood alcohol content at the time of the accident was .059, which is well under the legal limit to charge Thomas with Driving under the Influence (“DUI”). In Alabama the legal limit of intoxication for a DUI depends on the person’s age. For anyone that is under the age of 21, such as Thomas, the legal limit for a DUI is having a blood alcohol content of .02% or higher. For anyone 21 years of age or older the legal limit is .08% or higher. Therefore, although Thomas did not face criminal charges for DUI, he still faced civil liability for the damages that he caused by driving buzzed. Generally, buzzed driving is classified as driving with a blood alcohol content between .01 to .07, and although technically you may be under the legal limit, driving while buzzed can be just as dangerous as driving while drunk.

In fact, the attorney’s representing the 16-year old passenger of Thomas’ car stated that “buzzed driving” played an integral part in the case. After deliberating for less than an hour and a half the jury found Thomas liable and returned a $3.8 million verdict in favor of the plaintiffs. Randell Heard received $850,000 in compensatory damages and $750,000 in punitive damages. Donna Heard received $450,000 in compensatory damages and $750,000 in punitive damages. The 16-year old passenger received $500,000 in compensatory damages and $500,000 in punitive damages. This case stands as a reminder that even though you may not feel intoxicated, if you are going to drink, drink responsibly, because under the law in Alabama if you drive buzzed you may be subject to civil liability.