What are the basics of drunk driving accidents and negligence claims?

Drunk driving can result in both civil and criminal lawsuits. A criminal lawsuit is brought by the state when an individual indulges in reckless behavior and jeopardizes the lives of others by driving a vehicle while intoxicated. On the other hand, a victim who is injured or the estate of victim who is killed in a drunk driving accident has the right to file a civil lawsuit.

If the driver was inebriated at the time of the accident, the plaintiff has a greater chance of winning a lawsuit if they have a Greenwood, MS drunk driving accident lawyer on their side and one of the best in the state is Richard Schwartz.

How can a plaintiff win a negligence case?

Negligence happens when the drunk driver fails to perform his duty like any reasonable person would under the similar circumstances. The first task of your Mississippi drunk driving accident lawyer would be to prove that the defendant owed the plaintiff the duty to protect him or her. In this case, ‘duty’ is a legal term which denotes that it was the responsibility of the defendant to protect the plaintiff. The plaintiff must then prove that the defendant’s action led to a breach of duty.

Thirdly, the victim must prove that it was the defendant’s behavior that caused his injuries and finally the plaintiff must ask his or her legal representative to present a proposal for compensation or damages. The medical bills, hospital documents, proof of other related expenses, and the doctor’s testimony are essential for the judge or jury to realize the extent of damages. If the victim has suffered long term impairment and job loss then this too is included while determining the amount of compensation for damages.

Actual Cause/Proximate Cause

Causation in a DUI accident is categorized as actual cause and proximate cause or legal cause. The actual cause uses the ‘but for’ argument and your Greenwood, Mississippi drunk driving accident attorney will explain this to you when the time is right if it is necessary. One of the best legal professionals in the region is Richard Schwartz since he knows the system, knows the key players in the court system, knows how to compile the necessary information, and knows how to attack the opposition. The argument is that but for the defendant driving in an intoxicated state the accident would not have happened.

The proximate cause is applied when the plaintiff is a driver of another vehicle who was not directly involved in the crash but was injured as a result of it. For example, the drunk driver hit a pedestrian following which the plaintiff who was in another vehicle had to swerve to avoid hitting the injured pedestrian which resulted in his vehicle landing in a ditch. In such a case, the defendant was the proximate cause and is at-fault for the plaintiff’s accident. This is because the defendant created the situation that caused the plaintiff’s accident.

Comparative Negligence/Contributory Negligence

Comparative negligence happens when the victim or the plaintiff is wholly or partly responsible for the accident. For instance, if you were negligent enough to jaywalk, it is your negligence that has caused the accident. The court will then compare your negligence with that of the defendant and reduce the amount of damages in accordance with your liability.

In contributory negligence the plaintiff will not receive any compensation for damages if it is proved in court that they are even a fraction at fault. Legal professionals can use these legal provisions to reduce damages.

Types of Comparative Negligence

• Pure comparative negligence: Under this rule the plaintiff can recover damages even if he/she can be held completely liable for the accident in some cases such as 99%. Mississippi has adopted the pure comparative negligence system.
• Modified comparative negligence – the 51% fault rule: The plaintiff can be awarded compensation for damages if he or she was either equally or less liable for the accident.
• Modified comparative negligence – the 50% bar rule: The plaintiff can recover damages only if his/her liability is less than the defendant’s liability.

If you are a victim of DUI accident, a Mississippi drunk driving accident lawyer is your best bet when it comes to making negligence claims. Make sure to seek legal counsel as early as possible. Richard Schwartz (https://www.1call.ms/greenwood/) should be the legal representative you call. He has a long list of satisfied clients.