On average about a third of all automobile fatalities are caused by impaired drivers. This total results in approximately 13,000 deaths per year. Drunk drivers range from teen drivers through to senior citizens, but males are four times more likely to drive under the influence than women. Despite all the education that occurs, drunk driving continues to be a major concern across the United States.
Drunk driving car accident questions often occur after a serious accident occurs. However, not all drunk driving accidents result in fatalities or even serious injury. As the injured individual you do have options to seek compensation for damages occurring in the accident.
Question 1: What do I do if I think the other driver is impaired after the accident?
It is essential to immediately call the police and report the accident. Give information to the dispatcher if you believe the other driver has been drinking, even if there are no serious injuries in the accident. Be sure to also take down the names of any witnesses and make sure that the police also have this information if the witnesses leave the scene.
Question 2: If the other driver is impaired are the automatically assumed to be 100% at fault?
Driving a vehicle over the legal BAC level of .08 does not automatically cause the other driver to be considered 100% at fault in an accident. The investigator for the insurance company will determine fault, however if a person is legally impaired or being charged with a DUI or DWI this will be taken into consideration. In states with a percentage basis of liability this can impact the amount of your settlement. If you contributed to the cause of the accident by your actions, this will also be considered in the final settlement amount.
Question 3: Who can be sued if a driver is drunk and causes an accident?
In most cases the insurance company or the drunk driver will be named in the lawsuit depending on the insurance coverage. In addition a bar, club or other licensed establishment such as a restaurant can also be sued if they were responsible for the intoxicated condition of the driver.
Legal Representation is Critical
There are always missteps that can occur in any lawsuit if you don't use a qualified, experienced attorney. They will prepare documentation and provide legal assistance to ensure you get the settlement you deserve. In addition your attorney will provide information on the settlement options you have that may not be offered through the insurance company.
