In many wrongful death car accidents, the issue of drinking by the at fault driver can come into play. In those cases it’s vital that early investigation be done on where the person was drinking, how much they drank and what their blood alcohol content was. Law enforcement will do some of this work, but they aren’t looking at the same issues that a civil case does. The biggest difference being the need to look into the conduct of the at fault driver at the time the drinks were sold. Were there signs of intoxication at the time?
Bars in Minnesota are not supposed to sell alcohol to obviously intoxicated people. That’s the law. Because of this, witnesses need to be interviewed and all the evidence needs to be collected quickly. The insurance companies will be out there as soon as they can.
For the family of the injured person, it can be difficult to deal with legal issues on top of the shock and sorrow they are dealing with. It is here that an early consultation with an experienced law firm can make a difference to make sure what needs to get done, is done and that important evidence isn’t lost. It’s also important that all coverages be looked at.
As with any death in a Minnesota motor vehicle collision, there are a number of issues that will need to be reviewed. My partner, Joe Crumley, addressed this topic in a recent article for the Minnesota Trial Lawyer Magazine. I was interviewed last year on the same topic.
A founding partner with Bradshaw & Bryant, Mike Bryant has always fought to find justice for his clients—knowing that legal troubles, both personal injury and criminal, can be devastating for a family. Voted a Top 40 Personal Injury "Super Lawyer" multiple years, Mr. Bryant has also been voted one of the Top 100 Minnesota "Super Lawyers" four times.
2 Comments
Mike Bryant
Email I got from a reader:
An important point you make is how quickly the insurance companies will try to react. They would prefer to reach individuals before they've had a chance to go over the situation with a representative, hoping to settle quickly or make the individual in question compromise their own case through ill-advised actions or statements.
Mike Bryant
All very true, I thank all of those who take the time to read and comment.
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