Although the holidays have passed, that doesn’t mean that there is necessarily less partying and drunk driving happening throughout the remainder of the year. This is extremely dangerous for not only those who get behind the wheel of a vehicle drunk, but also those who are in the path of these drunk drivers.
Whether you’re involved in a minor accident with a drunk driver or a major accident, it can be life altering. There are many factors that the police and the courts look at when assessing an accident, especially when a drunk driver is involved.
The courts, the insurance companies and even hired counsel will look at who carries the liability in the accident. It cannot be assumed that the drunk driver is at-fault. Their impairment may have played a part or may not be a factor at all. What must be assessed is:
- Duty: who followed the traffic rules and who did not.
- Breach of Duty: driving under the influence would be a breach of duty/rules.
- Cause in Fact: the causation of the accident/proximate cause. Was the accident still likely to happen whether one driver was drunk or not?
It cannot be assumed that because the other driver was drunk that it will be an easy case to prove they are at-fault for the accident. While they may be 100% at-fault, their attorney or even auto insurance company may try to put some liability on you as the other driver to decrease the damages that the drunk driver owes.
Dealing with an accident caused by a drunk driver can be difficult. Their impairment may lead to differing accounts of what happened. Hiring an experienced attorney can help lighten the burden of facing your case along if you choose to seek damages from the other driver. They can guide you through the process and may be able to get you the results you’re looking for.