Many tragic automobile crashes are caused by a driver’s excessive alcohol consumption. That is a well-known fact and there are criminal statutes that punish the driver who operated a vehicle “under the influence” of alcohol.
When alcohol-induced crashes result in personal injury there are, in many cases, civil lawsuits seeking damages for the injured victim from the intoxicated driver of the vehicle and its owner. Automobile insurance indemnifies the at-fault driver and pays the damages. The insurance company hires attorneys to defend the driver/owner and prepares the driver for testimony during pre-trial depositions and at trial. In many cases, the driver will testify that he or she had “a couple of beers” and was not impaired when the accident occurred.
Many years ago, Ryan & Ryan represented a passenger who was injured when a mini-van left the roadway and crashed into a tree. The passenger and driver had just left a tavern in a small town when the crash occurred. During the pre-trial deposition of the driver, Bill Ryan asked “how many drinks did you have at the tavern?” Ryan expected the driver to admit to “a couple of beers.” However, in remarkably honest testimony the driver paused, considered the question, and responded, “I think I had fifteen Captain Morgan’s and Coke.”
Needless to say, the insurers for both the driver and the tavern agreed to settle the case shortly after that testimony!