Are Drunk Drivers Always at Fault for a Car Crash?
Posted on Jun 5, 2014 4:55pm PDT
After an auto accident, it may become clear that one of the drivers involved was intoxicated. Almost always, this will mean that the impaired driver will be faulted for the collision. But driving under the influence cannot always be equated with liability in an accident. There are a few instances where a driver will face criminal DUI charges, but that he or she will not be blamed with actually causing the accident.
In most cases, when an intoxicated driver is in a crash, it was his or her fault for speeding, being unable to keep the car from swerving, ignoring a red light, etc. But what if the intoxicated driver was hit by a sober driver that ran a stop sign? The sober driver caused the accident through negligence, violating a law of traffic. While the intoxicated driver broke both a traffic rule and a criminal law, their violation isn't to blame for the accident itself. In this case, the sober driver could file an injury claim, but his or her own negligence could mean that they can only gain a small amount of compensation. They might not be able to get compensated at all.
That being said, a sober driver could still have a case. As in many car accidents, drivers share a percentage of the fault for a wreck, and they might each be able to collect a bit of compensation accordingly. It is simply important to realize that you cannot automatically win a case, even against a drunk driver. The other driver may have been impaired, but that still would not take away from the fact that you might have been negligent. Even so, you very well be entitled to some compensation. You just cannot take victory for granted in your claim. You can still benefit from the expertise of a lawyer. Learn more about the strength of your case when you talk to a car accident lawyer right away!