We all know it is against the law to drink and drive, but what happens if it is just “one drink?” Many people get behind the wheel after having only just one or two drinks, arguably below what would be the legal limit, and for most of these people, they never get in trouble or discovered.
However, what happens if the other driver in your car accident was drinking but he or she blew below the legal limit? Does that affect your case?
We have asked attorney Alaina Sullivan about what you should do. Here is what she had to say:
Negligence and Duty of Care
Every driver holds a duty of care while on the road. This duty of care extends to all others on the road, and drivers are expected to follow laws and rules of the road, driving reasonably and safely. Intoxicated driving is more than just blowing for a DUI.
Buzzed driving is still drunk driving, and if the other driver is deemed to be intoxicated even at a low level, he or she has violated the law. Therefore, that person has also violated his or her duty of care to others on the road. This breach of duty could be seen as negligence and could lead to showing that the other driver is at-fault for the cause of the accident.
That fact could help in the investigation of what caused the accident. If the insurance company or even court finds that the driver’s intoxication led to the accident, it could lead to him or her being responsible for payment for your own damages.
The fact that he or she did not reach legal limit for driving while intoxicated simply means that the person will not be charged with a DUI. He or she still got behind the wheel after having a drink, and this does show negligence on his or her part.
No-Fault Insurance
However, this act of negligence and breach of duty of care only applies if your state considers fault in terms of determining responsibility for damages incurred from a car accident. For a dozen states in the U.S., fault is not a question when it comes to car accidents.
These states have what are known as “no-fault” auto insurance laws. They include Florida, Hawaii, Kansas, Kentucky, Massachusetts, Minnesota, New Jersey, New York, North Dakota, Pennsylvania and Utah. If your state is one of the twelve no-fault insurance states, liability is not really a question.
Regardless of whether the other driver was intoxicated and caused the accident, you would still be responsible for your own damages.
Comparative Negligence
If you were the driver who caused the accident but the other driver had been drinking, you may be able to utilize that information to your benefit in reducing your own liability. For the states that use the comparative negligence standard or some similar standard, liability is not 100 percent but is rather divided based on the amount of responsibility each person had for why the accident occurred.
Some states have contributory negligence laws which state that if the other driver had even just one percent of the reason for the accident occurring, that driver is barred from recovery. However, most states will divide up fault.
Therefore, if the driver who was drinking but did not actually cause the accident was found to be ten percent to blame for the accident, the at-fault driver would only pay 90 percent for the damages. The fact the other driver was drinking could be seen as a small cause for the accident since alcohol or any other substance can delay reaction times in terms of stopping an accident from occurring.
Different states have different levels of what could be considered enough to constitute dividing up liability, and much of this takes into consideration how intoxicated the person was and how much that would have played a part, if any, in the accident.
Contact an Attorney Today
If you have been in a car accident and the other driver involved was intoxicated but below the legal limit, and you have questions about how that fact affects your case, it is recommended you contact an attorney to ask any questions you may have.
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.
