How to determine liability when hit by a drunk driver

On Behalf of | Oct 9, 2018 | Drunk Driving Accidents

An everyday trip to the grocery store, for example, could take a turn for the worst in an instant. Car accidents happen every day, anytime and anywhere, so there is no saying who car accident injuries could impact. Car accidents happen for a multitude of reasons, including drunk driving and intoxicated drivers. If you believe your own or a loved one’s car accident injuries may be tied to another person’s intoxication, there may be legal options.

There could be a variety of parties at fault for your own or a loved one’s car accident injuries when hit by a drunk driver. Intoxicated driving is a very serious allegation and could be punishable by not only a determination in a personal injury lawsuit, but by criminal law standards as well. Intoxicated drivers still need to meet the terms for negligence that other car accidents need to meet. The accused owed a duty to the injured person and that duty was breached. The plaintiff must also prove cause-in-fact, an element which focuses on the actual causation of the injuries. Damages were the result, so just how was the injured person negatively impacted?

Damages can range from medical expenses, loss of quality of life, lost wages and other losses the injured may have incurred. As hard as this process can be, it can make a lot of sense to seek damages for the areas in your life that have suffered due to injuries caused by an intoxicated driver. If a person was employed and on-the-clock or driving in relation for their job, it’s possible the injured person could explore liability for the accused’s employer too. Many employers are responsible for actions of their employees within the scope of their employment.

Intoxicated driving could also include a driver under the influence of something other than alcohol. Prescription drugs could fall in this category, as those under the influence of prescription drugs may not be expected not to get behind the wheel.

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