Driving with a blood alcohol concentration (BAC) of 0.08 or higher has been illegal nationwide since the passage of the National Minimum Drinking Age Act in 1988. Nevertheless, many people still choose to drive while impaired by alcohol or drugs, with some of those drivers causing life-altering or even life-threatening injuries to others as a result.
Filing suit over drunk driving car accidents in New London may sound like a straightforward matter. However, in practice, this civil claim can be anything but simple, especially if you try to pursue it on your own. Fortunately, you have support available from our knowledgeable car crash attorneys who have years of experience fighting for victims to be fairly compensated for their injuries and losses.
Proving Someone Else Was Driving Drunk
Since driving with an unlawfully high BAC is against the law, drunk driving always qualifies as a violation of the duty of care all drivers have toward other vehicles and passengers. Furthermore, since civil cases are held to a less strict standard of proof than criminal cases, a car crash victim in New London can use a police citation for driving under the influence (DUI) as evidence against the drunk driver, even if that citation did not lead to a conviction in criminal court.
However, if a drunk driver is not arrested at the scene of the accident, the injured individual may need to prove that the other driver’s intoxication was the primary cause of their injuries. The accident report filed by responding police officers could be useful in this scenario, but it may also be necessary to incorporate other forms of evidence, including:
- Witness testimony
- Surveillance or dashboard camera footage
- Crash scene photos
- Documentary evidence, such as purchase records from bars or liquor stores
Our attorneys could help collect and present evidence in a claim for compensation.
How Comparative Fault Can Affect Civil Recovery
Another potential roadblock that can impede compensation after a drunk driving auto accident in New London is comparative fault. It is not uncommon for drunk drivers to try to avoid civil liability for their actions by also accusing those suing them of negligence. While the court will generally come down harshly on provably intoxicated drivers, they may hold a drunk driving crash victim partly at fault for their injuries.
Under state law, the court can reduce the total amount of money available to an injured plaintiff by whatever percentage of fault that court assigns to them for their injuries. No one who holds a majority of the total fault for an accident—more than 50 percent—can recover any civil compensation. Guidance from legal counsel could be crucial to effectively fighting accusations of comparative fault and maximizing available compensation.
Contact a New London Attorney for Help With a Drunk Driving Car Crash Lawsuit
Being hit by a drunk driver can be a frightening and infuriating experience that can result in serious damage. Unfortunately, while the court does not condone DUI drivers, you still must prove that another person’s impairment was the main and direct cause of your injuries if you want to hold them financially accountable for your crash-related losses.
Representation from our tenacious lawyers could make a big difference in how effectively you pursue a case of this nature. Call today to learn more about filing suit over drunk driving car accidents in New London.
