Are Drunk Drivers Always At Fault?
December 14, 2018 | Drunk Driving Accidents
Car accidents are never easy to deal with, but this can be especially true if a drunk driver is involved. It can be difficult to determine what and who caused a drunk driving accident to happen because there are many elements at play: What evidence is there? Was a police report filed? Was anyone injured? Did both drivers play a part in causing the accident? Discussing your drunk driving accident with your drunk driving accident lawyer can help you answer these questions and determine if the drunk driver is at-fault in the accident.
What To Do If You Are Hit by a Drunk Driver
Drunk driving is a serious offense and comes with serious consequences such as loss of license, hefty fines and fees, and potential jail time. If you have been hit by a drunk driver, you need to collect as much evidence as possible immediately after the accident happens. Some of the most common pieces of evidence that can be used to prove that a drunk driver is at-fault in an accident are:
- Pictures, audio, video, etc. that document the scene of the accident. This needs to be gathered immediately after an accident happens so that details can be preserved
- A police report that details what happened in the accident, who was involved, where it happened, and why. If a drunk driver is involved in the accident, police will attempt to have them take a breathalyzer, also known as a PAS test. The driver can refuse to comply, but the police can conduct field sobriety tests to help determine if the driver is drunk
- If you were injured at all in the accident, you need to seek immediate medical attention. This is not only for your own safety but so that an official medical report can be filed that states your injuries
- Witness accounts can be powerful pieces of evidence because they are unbiased, firsthand opinions of what happened in the accident
Proving That a Drunk Driver is At Fault for an Accident
In some accidents, it can be easy to determine who is at fault. Accidents involving left-hand turns and rear-end collisions are two examples of accidents where there is typically an immediate answer of who is at fault. For other accidents, such as pedestrian and drunk driving accidents, there isn’t always a clear answer. After collecting evidence from the accident, it is critical that you call your drunk driving lawyer to begin filing a car accident claim. Your lawyer will analyze your case, discuss your options, and help you write a demand letter to the drunk driver’s insurance company. This letter will state what happened in the accident, why the other driver is at fault, and what damages you are seeking because of the accident.
Damages That Can Be Claimed from a Drunk Driving Accident
Depending on your state’s drunk driving laws, you could be entitled to medical expenses, lost wages, pain and suffering, punitive damages, and more. The amount of damages that you can recover from an accident involving a drunk driver is determined by a number of factors that can include:
- Your state’s ‘fault’ rules
- Whether or not you were injured in the accident
- The severity of your injuries
- You state’s laws on damage caps
- Whether or not the driver has prior offenses
- The likelihood that the driver will cause another driving accident
Ready to Speak with an Attorney About Your Case?
If you have been involved in an accident with a drunk driver, it’s vital to call your drunk driving lawyer and go over the details of your case. Your lawyer’s job is to serve as a mediator between you and the other driver involved in the accident. Your attorney will help you write a persuasive demand letter and file a claim against the drunk driver. It can be tempting to just accept the first offer that the insurance company offers you, but it is important to wait and let your drunk driving lawyer negotiate a higher settlement on your behalf. If you are ready to see how an attorney can help you with your case against an at-fault drunk driver, contact the Dixon Injury Firm today to discuss your case today.