Understanding Liability In DWI Car Accidents
If you have been in a car accident caused by an intoxicated driver, it is important to understand how liability is determined and how your case may progress. An experienced car accident lawyer can help you understand your legal options and how you may be able to recover compensation.
Who Is Responsible For Damages In A DUI Accident?
Liability in a DUI accident typically falls on the impaired driver. If the driver was intoxicated and caused a crash, they are generally responsible for the resulting damages. However, other factors may come into play. If a bar or restaurant served alcohol to someone who was already visibly intoxicated, they could also be held liable under dram shop laws in certain states. Additionally, if a vehicle malfunction contributed to the crash, a manufacturer or repair shop might share responsibility. A lawyer can review the details of a case to determine all potential sources of liability.
Can A Passenger Be Held Responsible For A DUI Accident?
In most cases, passengers are not responsible for a DUI-related crash. However, there are exceptions. If a passenger encouraged the driver to drink excessively or knowingly allowed an intoxicated person to drive their vehicle, they could face some level of liability. Additionally, if a passenger interfered with the driver’s ability to operate the vehicle safely, they might be considered partially responsible. These situations are rare, but they can impact how fault is determined in an accident claim. Exploring the full scope of liability is important in attempting to recover the maximum amount of compensation possible.
How Does Insurance Handle A Claim Where The At-Fault Driver Was Intoxicated?
Attorneys such as our colleagues at Marsh | Rickard | Bryan, LLC know that insurance companies typically treat a DUI accident like any other at-fault crash. The impaired driver’s liability coverage is responsible for damages, including medical expenses, lost wages, and property damage for the other party. However, if the driver’s policy does not cover the full extent of the damages, the injured party may need to file a personal injury lawsuit to seek additional compensation. In cases where the at-fault driver was uninsured, the injured party may be able to file a claim under their own uninsured motorist coverage.
Can A Driver Who Was Hit By A Drunk Driver Still Be Partially At Fault?
Yes, as experienced DUI attorneys know, fault is not always entirely placed on the intoxicated driver. If the other driver was speeding, ran a red light, or engaged in reckless behavior, they could be assigned a percentage of fault. Many states follow comparative fault rules, meaning an injured driver can still recover damages even if they share some responsibility for the crash. However, their compensation may be reduced based on their percentage of fault. These factors make it important to gather strong evidence, such as police reports and witness statements, to support a claim.
What Legal Options Are Available For Victims Of DUI Accidents?
Victims of DUI accidents can pursue compensation through an insurance claim or a personal injury lawsuit. In addition to standard damages like medical bills and lost income, they may also be able to seek punitive damages, which are meant to punish reckless behavior.
Contact An Attorney Today
An experienced lawyer can attest that car accidents involving DUIs often involve multiple legal considerations, from determining liability to assessing long-term financial losses. Seeking legal guidance early can help victims understand their rights and options after a serious crash.