You were in a car accident and are, for all intents and purposes, the at-fault driver. However, once you get out of the car you discover the driver you hit was intoxicated. It is clear you were still the driver who caused the accident. However, does the fact that the other driver was intoxicated change the circumstances? Does this suddenly reduce your liability?
We have asked an attorney, Alaina Sullivan, about what you should do. Here is what she had to say:
Who Is at Fault?
Say the intoxicated driver was sitting at a stoplight when you crashed into them from behind. If the driver in front of you was not intoxicated, fault would not even be a question, correct? The fact of the matter is that fault still is not really a question in this situation despite the fact the other driver was intoxicated.
You will still be held liable for the damages caused in the accident. Your responsibility exists in civil liability whereas the impaired driver will be held liable per criminal standards. However, his or her criminal actions play no part in the liability you have for damages caused in the accident.
Does it Affect Liability at All?
The drunk status of the other driver does not reduce your liability necessarily unless his or her actions played into why the accident happened. Many states do put a duty of care upon the other driver to take actions to avoid an accident or, at minimum, mitigate the damages that could be caused.
If it is possible for the other driver to do something to avoid injury, that driver does have the responsibility to do that. If the impairment delayed him or her from reacting and had that delay not occurred, the driver could have avoided the damages that occurred, it is possible that the insurance company or court will consider those circumstances in reducing your liability.
However, that situation is very rare and even more limited. It depends on how the accident occurred, your part in why the accident happened and any level of responsibility that should have existed to any other driver involved. It is ultimately up to you to prove that this existed.
Police reports can help and a detailed examination of the accident scene and chain of events that led to the collision can assist. Claims adjusters can be excellent at putting together the pieces of what happened in an accident.
If you can get a personal injury attorney to support your claim that the driver’s impairment kept him or her from driving defensively, then it is worth a shot. That being said, however, those situations are limited. Impairment alone does not excuse you from liability for damages caused to the other driver’s vehicle.
Contact an Attorney Today
If you caused a car accident but discovered the other driver was intoxicated, you may still be liable for any and all damages and should contact an attorney today to discuss your case.
A licensed personal injury attorney will be able to evaluate your case and determine if you have a claim against the other party’s insurance company. To receive the compensation for your medical bills, property damages, and pain and suffering, you should speak with a personal injury attorney in your area today.
