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Proving liability when hit by a drunk driver

Accidents can happen when you least expect it. You can do everything in your power to be a safe driver, invest in a car that will protect you and make sure to keep up with road safety regulations. However, you are never in control of other drivers on the road, and it is sometimes unavoidable to be involved in a situation when there is a driver acting dangerously by driving under the influence of alcohol.

This blog will provide a brief overview into how liability works when it comes to being involved in an accident with a drunk driver, and how liability and fault are proved in the courts.

How can I prove that the drunk driver was at fault?

When any accident occurs and one of the drivers is found to be under the influence of alcohol, any reasonable person could infer that it is likely that the person under the influence was likely the person that caused the crash. This is indeed likely, but the situation will need to be investigated further. It is not acceptable to make assumptions.

Liability can be determined by looking at the exact circumstances of the crash and asking whether each driver fulfilled their duty on the road. If one or more of the drivers did breach their duty, it should be asked whether the accident would have still happened if the driver had in fact fulfilled their duty. If the breach of duty is seen to have caused the accident, then that driver can be held liable under the grounds of negligence.

If you have been involved in a car accident involving a drunk driver, it is important to know your rights and seek legal guidance to have your case evaluated.

Source: findlaw, "I was hit by a drunk driver: who is liable?," accessed Sep. 15, 2017

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