Should We Lower BAC for Drunk Driving in Maryland?
Today, the National Transportation Safety Board (NTSB) said we should lower the blood-alcohol limit from .08, the current standard, to .05. The NTSB argues that the U.S. is too lenient when it comes to drunk driving and wants the U.S. to adopt the same standard as other countries, such as those in Europe.
Data from the National Highway Traffic Safety Administration tells us what we have known for a zillion years: alcohol plays a role in nearly one-third of traffic deaths in America.
But the NTSB tells us something incredibly new, providing data that the risk of a crash is reduced by half when the definition of “drunk driving” encompasses the .05 standard instead of the .08 standard. Depending on body size, the difference between .08 and .05 is one to two drinks over a three hour time span.
It is hard not to cut to the chase on this. There are 12,000 deaths, give or take, a year in this country from drunk driving. Now imagine in your mind 6,000 people in a room that could have been saved by everyone having just a few less drinks. Then imagine everyone who loved those 6,000 people in a room. I have to think the NTSB is on the right side of history on this.
(I just pulled a little trick there. The NTSB says "car crashes" and I turned that into "car crash fatalities." But if you reduce that 6,000 to 3,000, does it really detract from the point I'm making?)
We had been reducing drunk driving deaths for a while but we have hit a stopping point. We either need to increase penalties or reduce the BAC. Those, it seems to me, are the two weapons we have in our arsenal to get past the bottleneck.
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The insurance defense lawyers wisely did not dispute liability. The case went to trial for compensatory damages. The trial court granted the female plaintiff $5,000 in non-economic damages and $5,000 to the couple for their joint claim of loss of consortium. The entire award was $10,000 plus costs. I don't know what the underlying medical and injuries were, but if you are getting a $10,000 verdict in a jury trial, thing didn't go well.
Louisiana’s Court of Appeals last month issued an unpublished opinion in 

The purpose of uninsured motorist coverage - which most of us blindly have because our state requires it - is for protection in the event that we get hit by a driver with no insurance or not enough insurance to provide compensation for our injuries. Most uninsured motorist policies compensate the victim for any amount, within the policy limits, that would have been recoverable from the at fault driver as money damages resulting from a car collision. 
