If another driver was drunk, it doesn’t necessarily mean you will win a lawsuit.
For many cases, proving the defendant’s intoxication will at least prove the first two parts of fault: duty and breach. If you are the plaintiff, you will have a compelling argument the defendant did not exercise reasonable care by driving drunk. And in jurisdictions with “negligence per se” laws, it proves the defendant violated the state’s DUI laws and will therefore satisfy the duty and breach issue.
Causation, however, is another matter. A drunk driver may or may not be a determining factor. As an example, if you hit a car from behind and the driver you hit was drunk, the cause is not the drunk driver’s fault.
On the other hand, if an impaired driver makes the off ramp an on ramp and drives the wrong way, the intoxicated driver is obviously at fault. And where a jury is having trouble deciding who caused the accident, the fact that the defendant was drunk or on drugs just might clinch it for the plaintiff.
Every case is different and you should always contact us to help you through the process. Call us: (216) 771-1144
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