Police reports establishing fault after a DUI accident can be helpful in a subsequent personal injury lawsuit. Driving under the influence typically casts a shadow of fault on the driver who was drinking even before all the facts of the accident are known.
Driving under the influence is illegal and it impairs a driver’s ability to react or respond to situations on the road. It results in criminal conviction. As for a personal injury case, a driver who was driving under the influence at the time of the accident will be found at least partially liable (if not entirely). It is possible that another driver may have been negligent as well. Some states consider the fault of both drivers when making a determination of who will be liable for paying damages and some apply strict liability to a driver simply by driving while under the influence. Regardless of fault, even if a DUI driver is allowed to argue another driver was also negligent, a driver charged with a DUI loses credibility in the eyes of the court and particularly in the eyes of the jury so it will be difficult for the DUI driver to make a case if his accounting of the accident is different from the driver who was not impaired.
Strict Liability
Some states have “dram shop” laws which make the provider of alcohol strictly liable for any injuries occurring following the provision of alcohol. That means that a restaurant, bar or liquor store who serves someone who is a minor, or who is already intoxicated any alcohol, will be liable for the actions of that minor or person under the influence, even though the restaurant or bar was not actually involved in the accident. It can become a complicated burden of proof for the person who had the DUI and it can become a complicated litigation because the injured party may first sue the DUI driver and then the DUI driver may bring in the liquor provider as part of the suit. Usually a bar or liquor store will have higher insurance limits than a driver and can pay more in compensation for damages resulting from a DUI accident. Whenever an accident results with a driver who is under the influence, an investigation should take place to uncover the details of the DUI. Facts regarding what the driver had, where he got it, when, and what his condition was at the time of the purchase or consumption of the alcohol are important details in addition to the facts of the accident itself.
Getting Legal Help
An accident involving a driver who was charged with DUI can involve multiple levels of liability. A personal injury attorney can break down the chain of liability and can use methods of discovery to uncover all possibilities for dram shop laws or other cases of strict liability to get the most compensation available for an injured accident victim.
