Is the Drunk Driver Automatically at Fault in an Accident?

In a car accident case, intoxication can be evidence of fault. But it does not automatically establish liability.

To recover compensation, an injured victim must still prove that the drunk driver’s conduct actually caused the collision. Call our drunk driving accident attorney in Nashville to discuss your case with our legal professional today.

Drunk Driving Can Provide Evidence of Negligence

Car accident claims are built on negligence. To hold a driver liable, an injured victim must establish four elements:

• Duty of Care. Every driver owes a legal duty to operate their vehicle safely and follow traffic laws.
• Breach of Duty. The driver violated that duty through careless or unlawful conduct.
• Causation. The driver’s breach directly caused the collision and the victim’s injuries.
• Damages. The victim suffered actual losses, such as medical bills, lost income, or pain and suffering.

Drunk driving can help establish the first two elements. Driving while intoxicated violates the law and may constitute negligence per se, meaning the breach is established by the violation. A DUI arrest, breathalyzer results, and toxicology reports may give your attorney compelling proof of negligence in any resulting car accident claim.

Causation can be harder to prove. That a driver is intoxicated doesn’t mean they caused the crash. For example, suppose a sober driver runs a red light and strikes a vehicle driven by someone who is legally intoxicated but otherwise driving lawfully. The red-light runner may bear most or all of the fault for the crash itself.

However, in most cases, impairment and causation are closely related. Drunk drivers may speed, drift, and react too slowly, and those behaviors often cause collisions.

Call Our Nashville Drunk Driving Accident Lawyer at (615) 864-0343

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Other Parties May Still Share Fault for the Collision

Even when a drunk driver is clearly negligent, they may not be the only party who contributed to the crash. Tennessee uses a comparative fault law to divide responsibility among everyone who contributed to a crash, including the injured victim.

Under the modified comparative fault system, if you share fault for a crash, your compensation will be reduced by your percentage of responsibility. If you share 50% or more of the fault, you cannot recover any compensation.

Other third parties may share fault as well. For example, a bar that overserved a visibly intoxicated patron may face liability under Tennessee’s Dram Shop laws. Alternatively, another negligent motorist may have contributed to the crash.

An Experienced Attorney Can Help You Establish Whether a Drunk Driver Is At Fault

Proving fault in a drunk driving accident case takes proof, including police reports, toxicology results, witness statements, surveillance footage, and accident reconstruction analysis. An experienced car accident attorney can investigate the crash and gather the evidence you need to prove the drunk driver was at fault for your claim.

Your lawyer can also identify other parties who may share responsibility for the crash, including other motorists and bars/restaurants that may have overserved the intoxicated driver.

If a drunk driver injured you or someone you love, contact an experienced car accident lawyer in Nashville at Selvidge Injury Lawyers today to schedule a free consultation.