NCJ Number
142352
Date Published
1992
Length
355 pages
Annotation
This book explains the rationale for, the structure of, and the funding for a State compensation program for victims of drunk drivers.
Abstract
Except for relatively minor accidents caused by drunk drivers, which are typically covered by insurance, victims of serious accidents caused by such drivers must often pay shocking amounts for long-term medical treatment and physical therapy. Their lives are disrupted and savings are drained, because protection against catastrophic losses is inadequate. This occurs because drinking drivers often have few assets; insurance funds are limited and quickly exhausted; many courts are reluctant to allow claims against more remote affluent wrongdoers; and products liability theory does not easily justify suing the distillers, brewers, and winemakers. To remedy this circumstance, the author proposes that State governments establish a supplemental compensation fund to aid the most seriously injured victims of drinking drivers. The fund would be financed by a new tax on alcohol manufacturers and distributors and would supplement the existing tort law system. Model legislation for the establishment of such a fund is provided. Chapter notes and a subject index