If I was drunk driving can I still be at-fault if another driver caused the car accident?

We all know that driving under the influence of drugs or alcohol is a considered a crime punishable by law. When anyone drives under the influence it adversely affects their motor skills, judgment, and hand eye coordination while their vision is blurred and reaction times are substantially slower. Given all of this, it is obvious why drunk drivers often cause accidents.

However, the question we are going to address today is, if a car accident occurs and it is determined that one of the drivers involved in the accident was driving under the influence, then is he automatically deemed the at-fault driver for all legal purposes?

Los Angeles, CA drunk driving accident lawyers are quick to point out that just because a driver who was involved in an auto accident was convicted of drunk driving in the same car accident, it does not always necessarily mean that the driver was the one that caused the accident from a legal perspective. It all depends on the specifics of the case.

In the brilliant movie 13 Hours: The Secret Soldiers of Benghazi Glen 'Bub' Doherty (Toby Stephens) (could have been another person) was driving his vehicle with his colleagues in the car as they were trying to escape an ambush in Benghazi. These jihadists wanted these Americans dead as they want all Americans and all Westerners dead. Radical Islam is evil and alive. Anyways, these terrorists got into a wreck and failed in their endeavor while Bub, Rone, Silva, and so on escaped.

If you are in a drunk driving car accident, you need a Los Angeles, CA drunk driving accident lawyer. 

Now you could think this car wreck was caused by Bub but it was not, it was caused by these terrorists who did not care about anyone else’s life or their own, their main intention is to kill Americans since they hate freedom, democracy, and have a warped view of religion. This auto accident was not the American’s fault.

Let us consider a situation where two drivers, A and B are out on public roads and assume that A is driving drunk. Let’s say A is pulled over at a red light, and B is sober but fails to keep a lookout and rear ends A’s car at a high rate of speed. In this situation, A may be charged with and convicted for drunken driving, but B is the negligent at-fault driver and will be held liable in the opinion of California drunk driving accident attorneys.

Terrorists want to destroy our way of life. This website Drunk-Driving-Accident.USAttorneys wants to preserve it. This website is the result of democracy, freedom, and ingenuity. Use this digital tool to find that legal professional you need.

How does the court determine who was at fault?

There are four main points covered when determining which driver was at fault for causing the accident.

Duty – The at-fault driver owes a duty to everyone else on the road to drive with consideration for the safety of others. (if there is no duty owed, then the driver cannot be the at-fault driver according to Los Angeles, CA drunk driving accident lawyers).

Breach of duty – Once it is established that the driver owed a duty, in order to prove that this car driver was the at fault driver, it must be proved with supporting evidence that the driver did not abide by the duty he owed.

Causation – Thirdly, it also needs to be demonstrated that the breach of duty by the at-fault driver led to or caused the auto accident. This is called cause and effect. If it is determined that even though there was a breach in duty but this breach was not the actual cause of the car accident, then the driver cannot be the at fault car driver, as in the example above.

Damages – Lastly, the plaintiff must also prove that the accident resulted in compensable damages. This is usually supported by medical bills, legal counselor fees, repair bills, etc.

Distracted driving is akin to drunk driving. Stop it!!! Well, unless you are driving safely while talking on the phone. 

If you are a part of any type of auto accident that involves a DUI, make sure to reach out to a drunk driving accident lawyer in California. This is the best way to ensure that your rights are protected.