Alcohol-related traffic fatalities went down in 2006 to 36% legal limit. The problem many plaintiffs encountered, however, was getting expert testimony into evidence concerning the BAC of the defendant. Many courts would not allow this testimony as it was based on averages of medical data and not the specific metabolism of the defendant.
In a recent ruling, a Virginia Court allowed the expert testimony concerning the Defendant’s blood alcohol level when it was based on outside limits of human absorption. The Motion to Dismiss was denied. Diminick v. Pike (VLW 009-8-024).
In a case of this nature, it is important you seek an attorney’s advice quickly.