Does a DUI Equal Automatic Fault when in a Car Accident?

Millions of teens and adults are charged with driving under the influence every year. Statistics have shown that inebriated drivers cause more accidents than normal drivers – Det. McNulty in The Wire knows all about that! In addition and moreover, accidents caused by intoxicated drivers are more serious than those caused by regular drivers. When a driver is charged with a DUI, it basically means that he was found operating a vehicle with a blood alcohol content or BAC level over the legal limit of .08%.

If you have been hit by a drunk driver, you need legal help. You may believe you have plenty of time but you really do not since the bills will start coming in and the opposition insurance company will try to entice you with their deal. It is their deal, not yours! You need to click right here: Drunk-Driving-Accident.USAttorneys. Hiring a legal professional will increase the chances of you receiving more compensation for your ordeal. 

What is BAC or blood alcohol concentration?

Drunk driving is treated differently than other negligent driving violations. The states have determined that an intoxicated driver will be able to perform properly if his BAC is less than .08%. Therefore, legally a driver is presumed intoxicated if he or she has a BAC of .08% or more following breath, blood, or urine tests. Drunk driving accident lawyers say that similarly if a drunk driver has caused an accident then negligence is presumed if he has a BAC of .08% or above.

Scientific research on alcohol impairment indicates that intoxication inhibits reaction time and depth perception. When Det. McNulty crashed into a cement highway pillar, he proved that! He could not make the turn like he should have been able to make it and he was going too fast too. Not smart! The individual is rendered incapable of processing multiple events while driving. In some states however a driver can be charged with a DUI even when his BAC is well under the permitted level. Several factors such as height, weight, age, and gender affects impairment.

Determining Fault after an Accident

After a drunk driving accident the police officer who investigated the crash will write a report detailing the findings of the investigation. The police officer will note his opinion as to who is responsible for the crash. The law does not consider the opinion of the officer as evidence of guilt according to drunk driving accident attorneys. Only the courts have the power to decide who is responsible for the accident.

In a personal injury lawsuit, the injured individual or the plaintiff will have to establish the fact before the jury that the driver’s intoxication led to the injuries. In order to do so the plaintiff will have to prove:

• The driver had a duty towards the plaintiff to drive safely by obeying all the traffic laws
• The plaintiff must prove that the driver failed to abide by the traffic laws
• The violation of traffic laws caused the accident.
• The claimant must show evidence of resultant injuries

Drunk driving accident lawyers point out that if the plaintiff failed to establish any one of the above elements, he/she will not be eligible to receive compensation for a DUI accident claim or file a successful personal injury lawsuit.

Role of Car Insurance in Relation to Damages

It is important to note here that compensatory damages for loss of work, hospital bills, disability, and pain and suffering will be honored by the insurer. However punitive damages are not covered. Punitive damages are a type of penalty imposed on the driver. The at-fault driver has to pay the penalty to the victim from his own pocket. Not fun! Too bad freeway pillars cannot sue McNulty! McNulty was a drunk, not a role model and even his choices on the job were suspect. 

To respond directly to the title, no, a DUI does not mean you are automatically at fault but you are certainly not innocent. If someone else hits you and they ran a red light, they are culpable too as well even if they were sober. You do not have to pay for their car or medical treatment in this situation. The accident was not your fault. 

If you have suffered enormous physical pain and staggering financial losses in a DUI accident consider talking to a drunk driving accident lawyer to hold the driver liable and receive adequate compensation. Since personal injury lawsuits require extensive preparation and filing is time-bound, it is important to speak with a lawyer ASAP. There is no rest for the weary. You want to be paid right! You want to buy another car right? Or a bike or a Segway and have money left over, right? Make the phone call.