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: Missouri Accident Lawyer BlogUnionville man arrested for drunk driving after accident
By Ryan Bradley, Esq.
David Coyle, 23, was charged with driving while intoxicated Saturday after a Missouri accident that sent him and another man to the hospital.
According to the Missouri State Highway Patrol, Coyle was northbound on Highway 136 in a 1993 Chevrolet and attempted to make a left turn near the Unionville city limits. Coyle failed to yield to a 1977 Chevrolet, driven by James Engle, 29, which struck his car on the driver?s side.
Coyle was flown to University Hospital in Columbia, Missouri with serious injuries. A passenger in Engle?s vehicle, Charles Collins, 88, was taken to Putnam County Memorial Hospital for treatment. The investigating officer did not specify any injuries for Engle.
Coyle was charged with driving while intoxicated and second degree assault.
A DWI conviction constitutes per se negligence. Negligence per se is a legal doctrine which states an act is deemed negligent if it violates a statute or regulation designed to keep people safe and is the cause of the injury. In this case, the regulation violated would be the laws against drunk driving.
Even if Engle was partially at fault for the accident, he and Collins may be able to recover damages because of the comparative negligence system used in Missouri. With comparative fault, a judge or jury will determine a proportion of fault for every party involved in an accident and damages will be paid based on this proportion. This can happen in crashes where a DWI is issued.
Full post as published by Missouri Accident Lawyer Blog on November 08, 2008 (boomark / email).
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