DUI Car Accidents in Utah – Are Drunk Drivers Always at Fault?
In and of itself, drunk driving is a crime where the driver can face fines, license suspension, and even jail time. The consequences can be even more severe if another motorist gets into an accident with the drunk driver and sustains injuries or significant vehicle damage. Sadly, many individuals still get behind the wheel despite being intoxicated.
However, are drunk drivers always at fault? Are there times when an intoxicated driver isn’t responsible for an accident?
If you or a loved one has been involved in a DUI car accident and needs help proving liability, there are a number of steps you can take to protect yourself or to get the compensation you deserve.
Are Drunk Drivers Always Liable in an Accident?
While you may think that getting hit by a drunk driver relieves you of any fault in an accident, there are times when a driver’s intoxication may not be responsible for the accident. In order to prove that a drunk driver is responsible, you or the injured party will need to prove legal fault, which has three components:
- Duty of care: When you’re issued your license, you promise to obey all traffic laws and operate your vehicle safely.
- Breach: If a driver does something that can be considered reckless or dangerous, such as drunk driving, or fails to take responsible action, it’s a breach in duty of care.
- Causation: This is one of the most important components of proving legal fault. If you can show that there was a deliberate breach of care that resulted in damage or injury, you’ll have shown who is liable for the accident.
Despite a driver being under the influence, it’s not enough to hold them entirely responsible for an accident. You’ll need to have evidence to back up your claim, as well as prove that you weren’t driving irresponsibly. For example, if one driver is driving drunk but you were texting or speeding at the time of the collision, you would be partially at fault.
If you’ve been involved in an accident with a drunk driver, it’s important to get good legal representation. Only a skilled lawyer can help you prove liability in a DUI car accident and ensure you’re not responsible for paying for damages or injuries that you didn’t cause. Ispon Law has a team of professionals ready and waiting to help you after an accident. From filing a personal injury claim to representing you in court, we’ll support you through it all.
Who Else Can be Held at Fault?
In addition to the drivers of both vehicles, there are a number of other parties that can share responsibility for a drunk driving accident. This includes restaurants, party hosts, and employers. If it’s discovered that a bartender, restaurant, host, or employer continued to serve the individual drinks despite being clearly intoxicated and did not stop them from getting behind the wheel, these individuals can be held partially responsible.
Multiple parties can also be responsible for damages. For example, if a bartender continued to serve the driver drinks, but the other driver was also driving while drowsy, the impaired driver could hold both these individuals partially responsible for the accident.
You’ve Been Hit by a Drunk Driver. What Actions Can You Take?
If you or a loved one has been involved in a DUI accident with injuries, there are a number of steps you should take after the accident. These include:
- Reporting the DUI accident to police.
- Filing a report of the DUI car cash with your insurance.
- Taking legal action against the drunk driver, such as a DUI personal injury claim which will ensure you get compensation for any medical expenses incurred due to the accident.
Talk to a Car Accident Lawyer in Salt Lake City
Getting hit by a drunk driver is a traumatic event, no matter who was at fault. If you’re concerned about liability issues and want to see if you have a valid case, contact Ipson Law. Our talented team of professional lawyers will handle all the details of your case, including determining damages and receiving compensation, so you can stay focused on recovery.
Talk to a representative today to see if you’re entitled to compensation after a DUI car accident.
Michael is an attorney who started Ipson Law because of his passion for personal injury law. He graduated with a Juris Doctorate degree from McGeorge School of Law in Sacramento, CA. Learn more about Michael on our about us page, and contact Ipson Law to find out how we can help you.
