Is a Drunk Driver Automatically at Fault for a Car Accident? – Guest Post

Let’s get real for a moment: drunk driving is no joke. It’s a serious offense that puts innocent lives at risk and can have devastating consequences. That being said, there are some misconceptions out there about whether a drunk driver is automatically at fault for any accidents they cause. So, let’s take a closer look and see if we can clear up some of the confusion.

The Role of Drunk Driving in Determining Fault 

Driving under the influence of alcohol or drugs is a criminal offense that puts both the driver and others at risk. As per the National Highway Traffic Safety Administration, drunk driving is a dangerous crime.

While drunk drivers do share liability in serious accidents that occur when they are under the influence, they do not automatically bear liability for accidents that occur when intoxicated. Liability depends on the negligent behavior of all the parties involved. For example, if the other driver was speeding, they may share some of the blame for the accident.

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Contributory and Comparative Negligence

In some states, the legal standard for determining fault in a car accident is based on contributory negligence, which means that if the plaintiff (i.e. the injured party) is found to be even partially at fault for the accident, they may not be entitled to recover damages. However, most states use a comparative negligence standard, which allows the plaintiff to recover damages even if they were partially at fault, as long as the defendant was also at fault to some degree.

Potential Consequences for Drunk Drivers

Even if a drunk driver is not automatically deemed at fault for an accident, they can still face serious consequences for their actions. This can include paying for medical bills, property damage, and other costs associated with the accident. Additionally, they may face civil lawsuits, fines, and even jail time.

What Happens If the Drunk Driver Is Not Convicted?

Sometimes, a drunk driver who was involved in an accident may not be convicted of drunk driving due to some legal or technical issues. In such cases, the victim can still pursue a personal injury claim against the driver’s negligence that led to the accident, regardless of whether the driver was drunk or not. An experienced car accident lawyer can help you understand your legal rights and options in such cases.

FAQs

How do we prevent drunk driving in America?

Drunk drivers in America are responsible for thousands of injuries and fatalities every year. The most common response to prevent such high numbers is to ban drunk driving or set mandatory penalties for repeat offenders.

Is it necessary to invest in PIP policy?

Yes. Failing to invest in your personal injury protection (PIP) policy may leave you with insufficient funds to pay for all of your medical bills from a car accident.

Final Thoughts

The question of whether a drunk driver is automatically at fault for an accident is a bit more complicated than it may seem. However, the bottom line is that drunk driving is never okay. It’s illegal, it’s dangerous, and it can lead to devastating consequences. So if you choose to drink, make sure you have a designated driver or use a ride-sharing service to get home safely. And if you’re ever involved in a car accident, be sure to consult with an experienced personal injury attorney to ensure that your rights are protected.