There are thousands of auto accidents involving drunk drivers every year. It can be challenging to convince people it was not the driver’s fault in such accidents. According to CDC.GOV, 29 people die in the U.S. in auto accidents involving drunk drivers. Unfortunately, it’s not always the fault of a drunk driver in such a scenario. Suppose you ever encounter an auto accident with a driver under alcohol influence. In that case, it will be best that you try understanding the incident, especially if you suffer from any damage, whether physical or mental.
An Auto Accident Involves a Drunk Driver—Whose Fault is it?
In any vehicle accident case, the law applies the facts of the fault when determining the financially responsible party for any personal injuries or damages resulting from the crash. For legal purposes, there are three classifications of a fault:
In this case, the plaintiff requires proving a direct connection between the injuries and damage they suffer from the driver’s breach of care.
2. Duty of Care
It’s the responsibility of any driver to follow traffic rules and take caution on the road to prevent harm. The plaintiff must determine whether the defendant did not observe one or more traffic rules or was negligent when proving the fault was on the driver’s side.
The drunk driver breaches their duty of care when they fail to act as a responsible driver would have in such a scenario. The injured party must prove that the drunk driver was unable to do so due to irresponsibility or carelessness.
Of course, every vehicle accident case is different. Therefore, if you face charges for causing an accident while driving under alcohol, it would be best to seek legal help from a drunk driving attorney. An expert lawyer will help you understand your rights. They can also guide you on how to best proceed with your case.
Do Criminal Charges Apply in an Auto Accident with a Drunk Driver?
The law does not consider every driver operating their vehicle under the influence of alcohol responsible when involved in an accident. When the driver’s alcohol content was below 0.008 percent during the accident, the court cannot charge them with DUI. But even when the driver’s alcohol content was above 0.008 percent, the plaintiff must prove it was the defendant’s fault that led to the accident. The plaintiff’s responsibility will be to confirm that the driver’s negligence resulted in the collision.
Get Help When Trying to Determine Fault in an Auto Accident
According to Criminal Justice and Behavior, for many years now, driving under the influence has continued to be a significant concern in our societies, exacting a high financial and personal cost. A car accident can have lasting effects on the parties involved. If your vehicle is involved in a collision, you can face hefty fines or a jail term if your blood alcohol concentration is beyond the recommended limit. It would be best to approach an expert attorney specializing in drunk driving accidents to help you get off the hook.