The shocking reason drunk drivers in Nebraska are more likely to survive a crash
Omaha, NE – Drunk driving accidents account for roughly 25% of all road fatalities in Nebraska. It is usually the occupants in the other vehicles involved that lose their lives in DUI crashes, not the drunk drivers. Is it blind luck or the work of a higher power protecting the drunk for some unknown reason? Actually, the answer can be found in science. According to one theory, it is precisely because they are drunk that many of these irresponsible drivers survive the crashes they cause.
Drunk drivers are protected by their own lack of reaction
It’s quite simple. When someone is in a crash, there are three potential impacts that may lead to injury or death.
- The vehicle hitting an object
- The driver or passenger hitting the interior of the vehicle
- The victim’s internal organs slamming against the inside of his body.
A drunk driver, especially one with a high blood alcohol content (BAC), has slower reaction times and their judgment is impaired. Most of the time, they are unable to anticipate the crash as a non-intoxicated person would. In those few seconds before the impact, a sober person will brace for the inevitable collision. The tension in their body will only increase the force of the impact causing severe damage. Meanwhile, a drunk driver, blissfully unaware of the impending crash, will remain relaxed, avoiding major injury.
Alcohol numbs the body’s physical reaction
Alcohol not only helps drunk drivers avoid major injuries but also numbs the body’s response to physical trauma. According to one study, this is another reason why a drunk driver is more likely to survive a crash. Researchers at County Harbor UCLA Medical Center found out that 1% of drunk patients died of their injuries while 7% of sober patients died from similar injuries.
When physical trauma happens, the body releases chemicals that actually slow down the healing process. If a person is drunk, the alcohol in their system acts as a buffer and prevents this physiological reaction, thereby preventing fatal complications.
Will a drunk driver pay punitive damages in Nebraska?
In most states, a drunk driver will have to pay punitive or exemplary damages if they cause an accident resulting in injury or death. However, in Nebraska, you’ll need very experienced car accident lawyers to get the justice you deserve.
Nebraska laws allow for punitive damages only in a very limited number of cases. For a simple car crash, there’s no way you can get punitive damages, as such a case is usually based on negligence.
In a drunk driving case, your lawyers will have to prove that the driver acted with gross negligence or extreme carelessness. If the guy had a BAC close to the legal limit of 0.08%, it would be very hard to obtain punitive damages. The victim stands a better chance of getting exemplary damages if the drunk driver had a high BAC (0.15% or higher). In such a case the court will consider it necessary to impose an additional penalty in the form of punitive damages, to deter other drivers from getting behind the wheel while under the influence of drugs and/or alcohol.
In most cases, punitive damages are capped at 10 times the amount of compensatory damages awarded.
If you were recently injured in a car accident in Nebraska, schedule a free consultation with a knowledgeable attorney at the Rensch & Rensch Law firm, with offices in Omaha and Columbus. Their attorneys work on a contingency fee basis, so you don’t owe them anything unless they win your case.
Contact info:
Toll-free: 800-471-4100
Omaha office: 7602 Pacific St #102, Omaha, NE 68114
Columbus office: 1470 25th Ave, Columbus, NE 68601
Source: First Responders Tell Us Why Drunk People Are More Likely to Survive a Collision
