Who is Liable if I was Hit by a Drunk Driver?
Drunk driving accidents are never easy to deal with. The accident itself and the repercussions that come with it are extremely daunting and it can result in serious damages that can easily become permanent. Despite the circumstances of an impaired driver being involved, there is still so much evidence that needs to be discovered, since it is possible that both parties may have contributed some level of negligence. This is a matter of law, as there must be a clear connection between the causation connecting to the impaired driver, the accident, and the injuries. Obviously, most people would automatically assume that the drunk driver will automatically going to be held at fault. However, by law, there must the injured party would still have to prove that the impaired driver was negligent and reckless, and was the proximate cause of the injuries, even if the impaired driver was arrested for driving under the influence.
Determining who is liable in an accident comes down to the facts of the case, which should be solved by a Torrance car accident lawyer. At Molchan Law, we have successfully represented thousands of clients who have fallen victim in a car accident. We know what it takes to make the negligent party fully responsible for his or her actions.
If you or a loved one was injured in a car accident that you believe was caused by a drunk driver, you should get in contact with the best car accident attorney in Torrance at Molchon Law to get you the justice and compensation you deserve for your losses. We understand what is needed to get you the justice you need for the losses you have suffered.
How is Fault Determined?
If you are hit by a drunk driver, most times, the negligence is almost always linked to him or her driving under the influence. However, by law, there must be a clear causation determined that connects the actions of the drunk driver, the accident, and the injuries. Below you will find the basic elements that are a cause of negligence:
1. Duty: If you are on the road, as a duty, you are obligated to follow basic traffic rules, such as yielding to known hazards, and respecting the safety of others.
2. Breach of Duty: A breach of duty is when a driver is driving recklessly, speeding, or driving while under the influence of drugs or alcohol.
3. Cause in Fact: This is determined by the “but for” test, which is but for the action, the injuries would not have happened. In essence, the question of, “Would the injured party who was hit by the impaired driver still have suffered injuries if the other driver wasn’t impaired?” This particular element points to the actual causation of the injuries.
4. Proximate Case: The proximate cause is determined by whether the event was clearly related to the injury. If the plaintiff fails to prove that the driver’s impairment was the root of the injuries, then it cannot be legally valid.
5. Damage: The plaintiff must prove that he or she actually suffered from the damages caused by the accident, such as bodily injuries and property damage.
What Happens if You Hit by a Drunk Driver but You Were Partially At Fault?
The possibility of the drunk driver and the other driver to both be at fault can always be a contribution. But what happens if this is the case? For instance, let’s say you were texting and driving while trying to switch lanes and cut off the drunk driver, who was speeding and he rear-ended you. If the driver wasn’t drunk, then he may have been able to avoid hitting you. However, if you hadn’t been distracted, you wouldn’t have cut off the other driver to begin with.
Although you would still have a reasonable claim against the drunk driver, there is always the possibility that he may be able to prove that you were partially at fault. This type of case can be significantly more complex than it already is. If this case applies to you, then you should certainly get in contact with a Torrance car accident lawyer as soon as possible.
Speak to the Best Car Accident Attorney in Torrance
At Molchan Law, we are the team that you need on your side to get you the justice and settlement you deserve. Do not hesitate to reach out to us any time, as we are always available and offer free consultations. We strongly advocate for those who have fallen victim in an accident. Call today and speak with our personal injury lawyer in Torrance!