Driving under the influence is considered a crime in all states and these drivers are facing penalties in the form of fines, prison time, and license suspension. As a DUI driver, you’ll end up on the wrong side of the law. Also, the DUI stays on the driver’s record for a long time, and can severely affect the person’s future especially when it comes to their education and career.
And while a DUI driver can’t have the same reactions as a sober and careful driver, are they always at fault for the accident.
A DUI driver isn’t always necessarily at fault for the crash. However, the fact that they drove under the influence makes things complex and increases the probability that they contributed to the crash.
If you drove under the influence and ended up in an accident and you’re sure you weren’t at fault, you should seek help from a Portland DUI attorney.
Who Is at Fault in the Accident?
When a car accident occurs, it’s important to determine the fault. The insurance company of the at-fault driver will cover the damages and injuries that resulted in the crash.
Fault can be broken into three parts:
- duty of care
- breach, and
- causation
Duty of care – The first thing that is done is establishing that one party owed a “duty of care” to another. Everyone has a duty to take reasonable measures to avoid injuring or causing other harm to others. When it comes to driving, this duty refers to an obligation to always drive the vehicle with reasonable care.
Breach – A person breaches the duty of care by not acting as a reasonable person would in the same circumstances. In case of a car accident, the injured victim should prove that the other driver did or didn’t drive carefully.
Causation – Establishing the “causation” element is something the plaintiff should prove if they want to link the defendant’s breach of care and their damages and injuries.
How Does a DUI Driver’s Drunkenness Factor In?
In case of an accident, the plaintiff proves that the driver was drunk isn’t enough to win a lawsuit. In many cases proving the defendant’s drunkenness will serve to prove the first parts of the fault, duty, and breach.
The plaintiff already has a compelling argument that the defendant didn’t act reasonably by driving drunk. Proving that the defendant violated the state’s DUI laws, is automatically satisfying duty and breach.
When it comes to causation, it’s not always a decisive factor the fact that the driver drove under the influence. In a rear-end crash, the driver in the back is in most cases at fault. So, if the driver in the front was driving under the influence, it doesn’t mean that they are at fault for the crash.
The fact that the DUI driver was drunk is an irrelevant factor for the crash.
In cases when a drunk driver hits another driver while driving in the wrong direction, then they would be at fault.
In some cases the jury may have trouble deciding who caused the crash, the fact that the defendant drove under the influence of alcohol or drugs, may work in favor of the plaintiff.
Do You Need an Attorney?
The fact that you were drunk could easily lead to an arrest at the scene, no matter if you caused the crash or not. Whatever happens, you should try to stay calm and collaborate with the officers. Avoid explaining how much you drank, or whether or not you’re at fault.
Every case is different and you can’t be sure that you could get away with the fact that you’re sure you didn’t cause the accident.
Legal support could help you through questioning in the police. Your lawyer would also collect the evidence and explain what needs to be collected (they would seek surveillance camera footage, any witnesses who saw the accident, weather conditions, road signs, etc.).
If the case goes to trial, the attorney could expose other evidence that the prosecutor may use (breathalyzer or field sobriety test).
Keep in mind that even if you aren’t at fault, you still may face penalties such as jail time, high fines, and driver’s license suspension.
You would most definitely need a good defense. A DUI attorney would review your case and represent you on your behalf.
Talk to a qualified attorney; they would explain your rights.
If you’re looking for a Portland DUI lawyer, Trilogy Law Group is here to answer all your questions.
Get a free case evaluation and the legal help you deserve.
