Drunk Uncle Uses Teen, Also Drunk, as Designated Driver
Employing the service of a designated driver is one of the most responsible actions that can be taken by a person who is unfit to drive. However, it is essential to make sure that your designated driver is someone who is actually capable of legally operating a vehicle and is also someone who is not intoxicated as well. Such was the lesson learned by a Texas man last week when he decided to let his niece drive him home because he was intoxicated.
Unfortunately his niece was only fourteen years old, and was also reportedly intoxicated. Officers initiated a traffic stop on the vehicle and the vehicle drove into the yard of a nearby home while trying to stop near the curb. Both the uncle and the driver face a litany of charges.
Designating a driver is a great way to avoid irresponsible driving behavior and potential liability in a lawsuit arising from an auto accident. However, that driver must legally be able to drive and must be in a condition to operate a motor vehicle. Tennessee drivers who employ the tactic described above will be responsible for the damages suffered by any victims in a personal injury suit just as they would if they had actually driven the vehicle while under the influence.
The standard for liability for negligent driving in Tennessee is that the driver does not act in a manner that a reasonably prudent driver would. This basically means that a driver who does anything that a reasonable driver would not do can be held liable for negligence. It goes without saying that reasonable drivers do not ask fourteen year-olds to drive them home, especially if they too are intoxicated. Victims who have suffered injuries or damages in accidents related to drunk driving should consult an experienced Gatlinburg personal injury attorney who can assist them in obtaining the compensation they deserve.
Source: http://www.statesman.com/news/local/bicyclist-hit-by-18-wheeler-man-killed-in-268742.html (3rd article down).
