A collision with an impaired driver can leave you with lasting physical, emotional, and financial hardships. Drunk drivers are a major road and highway hazard, and a dedicated car accident attorney from Tomeny | Best could help you hold them accountable through a civil lawsuit.
When you were injured in a drunk driving car accident in Lafayette, now is the time to consider your legal options. You may be entitled to recover damages that cover your medical bills, physical and emotional pain, and/or car repair expenses.
How to Prove a Drunk Driver Is at Fault
When a person is injured in a car accident, they are only entitled to recover financial compensation if they can prove the other motorist was negligent. This usually involves careless or reckless behavior. Driving while impaired by drugs or alcohol is negligent, but an injured motorist will need to prove the other person was under the influence at the time of the crash.
There are different ways to establish impairment. If the other party was arrested and convicted of DUI following the wreck, the conviction could be used as evidence of impairment. Other important pieces of evidence could include an admission of drinking or dashboard camera footage of the driver operating their vehicle in an erratic manner. An experienced attorney in Lafayette could handle collecting evidence of impairment following a drunk driving car accident.
What Is Comparative Fault?
In many cases involving an intoxicated driver, there is little question of who was at fault for the auto collision in Lafayette. Drunk motorists often run red lights or take corners too fast, ultimately causing a collision with another motorist. Of course, there are also situations where the other party might share some of the blame.
Louisiana has adopted the pure comparative fault rule, which says an injured person has the right to pursue compensation when they have been hurt in an accident, even if they are partially to blame for the crash. This might involve a speeding driver who was injured in a collision with a drunk motorist.
Degree of Liability
Pure comparative negligence rules allow a person to pursue legal action no matter their share of fault. However, their degree of liability limits the amount they can recover. For example, a driver who is 90 percent responsible for causing a crash could recover 10 percent of the value of their crash.
Talk to an Attorney in Lafayette About Your Drunk Driving Car Crash Claim Today
No one should have to go through life with a serious injury due to an impaired motorist. If you were hurt in a drunk driving car accident in Lafayette, the tenacious attorneys at Tomeny | Best could help you get the compensation you deserve.
Let our knowledgeable lawyers advocate for you during this difficult time. Call as soon as possible for your free, private consultation.
