You might assume that if you have a car accident with a drunk driver, the drunk driver is inevitably liable. After all, the driver got behind the wheel while intoxicated, which almost certainly contributed to the accident, if not entirely causing it. But is it true that a drunk driver is to blame in a vehicle accident?
Negligence of a drunk driver
Inebriated drivers are unable to operate their vehicles safely. They also tend to act erratically on the road, which increases the risk of a variety of significant automobile accidents. As a result, drunk drivers are frequently seen as negligent per se, meaning that they are inevitably negligent because they have committed a clear infraction that puts them and others in grave danger.
Following a drunk driving accident, wounded plaintiffs generally have an easier time proving the drunk driver’s culpability and collecting compensation for their injuries due to that negligence. This is because drunk drivers, in most situations, will have some responsibility for the collision.
Establishing the penalty
While drunk drivers are responsible for serious accidents as they are inebriated, they are not always accountable for accidents while intoxicated. Therefore, you may need to establish numerous crucial things to establish liability.
The drunk driver committed a negligent act.
Drunk drivers are known to participate in several potentially risky actions, such as:
- Aggressive driving
- To avoid others recognizing that they are inebriated, they drive too slowly.
- Not paying attention to traffic signals
- Swinging across the highway
- Intentionally provoking a collision
- teasing other drivers in a way that results in a collision
If the intoxicated driver who caused your accident did something that contributed to the accident, the motorist would almost certainly be partially responsible for your accident. The sheer act of driving while intoxicated may result in a criminal conviction. Still, the drunk driver may not be held guilty for the accident without the other dangerous or irresponsible conduct while going.
The drunk driver’s action caused an accident.
You can have a drunk driver who is exceptionally careless yet does not cause the collision in the issue. For example, consider when the driver swerves across the road, changing lanes randomly. Without looking, another car pulls out into traffic and collides with the drunk driver. Despite the intoxicated driver’s other unsafe activities, the driver who failed to follow traffic regulations may blame the accident.
If the drunk driver’s conduct, on the other hand, caused or contributed to the accident, the drunk driver may be fully or partially responsible.
You suffered collateral damage or severe injuries in the accident.
An intoxicated driver can be exceedingly irresponsible while not causing the collision in question. Consider a driver who swerves across the road, changing lanes at random. Another automobile pulls out into traffic without looking, colliding with the drunken driver. Regardless of the intoxicated driver’s other risky behavior, the driver who failed to obey traffic laws may share responsibility for the accident.
If, on the other hand, the drunk driver’s actions caused or contributed to the accident, the drunk driver may be entirely or partially liable.
Contact a drunk driving accident lawyer.
If you have suffered injuries in such a case, contact the Denver DUI defence attorney today to answer all your case-related questions.