According to the Centers for Disease
Control and Prevention (CDC), about one in three traffic deaths
involve a driver with a blood alcohol concentration (BAC) of 0.08% or higher.
As many as four million adults reportedly commit the crime of driving under the
influence in a single year alone.
It is not only common sense, but also
proved in studies that drunken drivers are at a substantially much higher risk
of being involved a car accident than when compared to a sober driver. Not only
are they more probable to be involved in an auto accident, but they are also
more at risk of being involved in a serious car accident.
Criminal
case vs. civil lawsuit
Flagstaff, AZ drunk driving accident
lawyers explain that when a driver causes a car
accident while driving under the influence, he or she will be
criminally prosecuted. The driver may be charged with drunk driving and other
drunken driving related charges depending on what exactly transpired in the
accident.
This criminal case will serve to
penalize the drunken driver, but it will not in any way help the victim or
victims of the drunken driver. In order for the victims to be compensated for
their damages, they will have to file a civil lawsuit against the drunken
driver in addition to accident insurance claims.
How is fault determined in a car
accident case?
Even though the criminal case confirms
that the drunken driver was in fact impaired when the auto accident occurred,
it does not necessarily mean that the drunken driver was automatically at fault
for the car accident, say Arizona drunk driving accident lawyers. In order to
prove fault, there are four elements that must be addressed and are as follows:
Duty
To begin with, it needs to be proved
that the driver owed a duty to the plaintiff. This is usually straight forward
to prove as anyone operating a motor vehicle on public roads owes the duty of
driving with care and consideration for others on the roads.
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Now if you have seen the movie Dawn of
Justice you will see Batman in his Batmobile wreck several cars and even shoot
at them. Now he did not owe any of these people a duty of care since these were
criminals working for Lex Luthor carrying a suspicious element. You are not
batman and you are not doing anything noble if you ram your car into someone
else, well, unless you are helping out society by thwarting criminal activity.
Are you?!
Breach
in duty
This is generally the pivotal point
which decides how the civil lawsuit will play out, explain drunk driving
accident lawyers in Flagstaff, AZ. Once it is proved that the defendant owed the
plaintiff a duty, your legal professional will have to prove that the plaintiff
breached this duty. This will generally require evidence such as police
reports, witness testimonies, toxicology reports, and so forth.
Causation
The plaintiff will have to show a cause
and effect relationship between the breach in duty and the auto accident.
Injury
and damages
Finally, the plaintiff will have to
prove that the drunk driving accident caused certain
economic and non-economic damages that are of a compensable nature. This
involves arriving at a figure indicating how much these damages are worth.
These claims must be validated with medical bills, repair bills, and other such
supporting documentation.
If you are the victim of a drunk driving accident, make
sure to reach out to a competent Arizona drunk driving accident lawyer as soon
as possible. Your legal professional will need time to gather crucial evidence
in order to get started working on your claim.
If you need legal help, press right here
Drunk-Driving-Accident.USAttorneys. Legal help can be
right around the virtual corner.
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