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Alcohol-Related Car Accidents - The Eighth Circuit Moves Toward Policy Change In Erisa Litigation, Marcus Wilbers

Missouri Law Review

According to the National Center for Statistics and Analysis, the 16,694 alcohol-related fatalities in 2004 accounted for 39% of all traffic deaths. Although declining slightly from previous years, alcohol-related driving deaths are tragic, and their devastating effects on families are readily apparent. Although typically dubbed "drunk-driving accidents," courts have traditionally refused to describe these deaths as "accidental." This is particularly true when decedents or their beneficiaries attempt to collect accidental death benefits under the Employment Retirement Income Securities Act ("ERISA"). Focusing on the previously mentioned statistics, courts have often reflected the social intolerance for drunk driving in their decisions. Courts, …