Does a DUI Equal Automatic Fault for a Car Accident?

It is no secret that some of the deadliest accidents are caused by drunk drivers. Studies have proven that intoxicated drivers are more likely to cause accidents than drivers are not alcohol-impaired. Russell Case (Randy Quaid) in the movie Independence Day knows all about that. He even flies planes drunk and drops insecticide on the wrong farm! Case allowed alcohol to consume his life and destroy him but he did have one more thing to prove in life which helped save humanity.

Even so, even heroes cannot drive drunk.

Moreover, usually drivers found with blood alcohol content or BAC level above the legal limit is charged with a DUI or DWI.

What does the term BAC imply?

To stem drunken driving accidents states have enacted laws that deal with accidents involving drunk drivers differently than accidents caused by negligent driving. Louisville, KY drunk driving accident lawyers clarify that states have determined an intoxication threshold that everyone must follow if they plan to drive a car.  

The states apply the Blood Alcohol Concentration or BAC law to determine whether a person is alcohol -impaired or not. The legal limit is .08 percent. If the BAC percentage found in a driver is at or above .08% then the driver should not be driving and is in violation of the DUI law.

BAC levels indicate the level of intoxication and therefore it also provides a rough estimation of extent of impairment suffering by the driver. If a driver is involved in an accident with a BAC at or above the permitted level, then he or she is presumed liable for the damage. Studies conducted on alcohol impairment have shown that an intoxicated driver fails to perceive depths and are often not able to process several events that are happening simultaneously during driving. Moreover intoxication leads to delay in reaction times.

And if you look at Case, you do not even know what you are doing.

DUI charges can be levied against a driver who is well within the legal limit of .08%., caution Kentucky drunk driving accident attorneys. The extent of impairment is not uniform and can depend on several factors such as height, age, gender, and weight.

How is liability established in a DUI accident?

Police officers who are dispatched to the scene investigate the crash and write a detailed police report. In the report the police officer will voice his/her opinion as to who is responsible for the accident but it is critical to note here that the courts do not consider the opinions presented in the report as evidence of guilt. The jury will evaluate all available evidence independently to determine liability in a DUI accident.

Louisville, KY drunk driving accident lawyers point out that the since the victim has filed the lawsuit against the driver, it is his/her duty to show through a preponderance of evidence that the driver was responsible for the injuries in order to acquire compensation following a DUI accident.

• Duty – Drivers owe a duty to drive safely and obey the traffic laws towards pedestrians and other drivers.
• Breach of Duty – This happened because the driver violated traffic rules.
• Causation – The violation caused the crash.
• Injury – Plaintiff suffered injuries because of the violation.

If the plaintiff is unable to prove any one of the above elements the suit will be dismissed.

What types of compensation are covered by the insurer?

When you are injured in a DUI accident you are entitled to compensation for damages that includes pain and suffering, loss of wages due to absence for work, medical bills, and the list continues. Most insurers will cover all these bills but usually do not provide coverage for punitive damages. Punitive damages are court ordered and is required to be paid by the drunk driver from his/her pocket.

If you are injured in a DUI accident speak with a seasoned Kentucky drunk driving accident lawyer as soon as possible. You can hold the driver responsible for your pain and suffering and become compensated for your losses. Would you allow a thief to steal from you? Not going after a drunk driver who cost you financially is akin to allowing a thief to steal from your home. Click on the website, secure yourself some legal help.

Even someone like Case can figure out this website: Drunk-Driving-Accident.USAttorneys. You do not have to be sophisticated with piles of degrees and certifications to figure out this website. Contact us if you want as well.