Who Is Liable for Negligence in a Drink Driving Accident?
Driving under the influence of alcohol is one of the biggest causes of car accidents, including in the United States. Drunk driving accounts for hundreds of thousands of fatal car accidents annually, resulting in serious physical injuries, property damage, emotional suffering, and more. Drinking and driving results in impaired concentration and diverted attention, causing slowed reflexes, due to which catastrophic accidents can occur. In such cases, it is important to hold the negligent driver responsible for your damages in a court of law. Determining negligence is one of the most important steps towards proving your damages in court cases of drunk driving accidents. Although the process might sound straightforward, it can be quite challenging and time-consuming. An experienced personal injury lawyer can help determine the defendant’s negligence in such incidents and successfully prove damages in court to get you the compensation you deserve. Read on as we find out the parties that can be held liable for negligence in a drunk driving incident.
The Drunk Driver
In most cases of drunk driving car crashes, the driver who was under the influence of alcohol at the time of the incident is found to be liable for the damages. Driving under the influence of alcohol is a direct violation of the offending driver’s duty of care to the other drivers on the road. Failing to maintain safety can result in serious car crashes that can lead to physical harm and even death. It is important to note, however, that the drunk driver might not be the only person held liable for your incident. Depending on the specifics of your case, you might be able to file a lawsuit against other parties to obtain compensation for your damages.
If your drunk driving incident resulted from the negligence of a driver on the job, their employer might also be held liable for your damages. The principle of duty of care extends to the drivers employing the company as well, meaning that a breach of this duty can be held responsible in a court of law. Under US law, a superior or employer is responsible for the actions of their employees, including any harm that might result from their actions while on the job.
Restaurants and Bars
Restaurants and bars are legally required to stop serving their customers drinks if they are already intoxicated and make sure that they have a designated driver or a cab to take them home. In cases where restaurants or bars failed to perform this duty, they can be held liable for damages, provided that your lawyer proves that the establishment failed to stop the patron from drinking beyond a safe level of alcohol. If they were not able to take responsibility or they were at fault, then you are owed financial compensation.
Besides pursuing legal action against the defendant driver, you can also pursue a claim through their insurance company. Drivers are legally required to have liability insurance, which covers most damages resulting from an accident during driving. If the offending driver was insured, their insurance company can be held liable for your damages. It’s always in your best interest to make sure you are covered.
Drunk driving is an extremely dangerous practice that can result in catastrophic injuries and damages to the unsuspecting victims of car crashes. If you were involved in such an accident, you should seek the help of a personal injury lawyer who can help you obtain fair financial compensation for your damages. Once you have all the evidence available, reach out to a trusted law firm. They have your best interest at heart and will make sure you receive all the compensation that you are owed.