The aftermath of a drunk driving accident

If a drunk driver causes an accident, that individual will likely be held liable for any damages that you incur in that wreck. However, it’s also possible that you will be held partially liable for any medical bills, lost wages or other losses related to a crash that takes place on a Washington road or highway.

Drunk driving is reckless driving

As a general rule, driving while under the influence of alcohol is considered a negligent or reckless act. This means that a defendant took an action that a reasonable person would know to avoid as it could result in an accident resulting in bodily injury or death. It may be possible to use a toxicology report, a police report or driver statements to prove that the defendant in your personal injury case was drunk when the crash occurred.

Determining fault

All relevant facts will be evaluated when determining fault in a personal injury case. For instance, if you ran a red light prior to the crash, that would likely be seen as something that contributed to the wreck occurring. If you were traveling too fast for road conditions, that might also be something that works in the defendant’s favor. Washington uses a contributory fault system, which means that if you were 10% liable for the crash, your award would be reduced by 10%. In the event that you were 90% liable for the crash, your award would be reduced by 90%.

An accident may result in injuries that take months or years to recover from. You may also have to pay to repair your car or replace other assets damaged in the wreck. However, if another party is negligent in causing the crash to occur, you may receive a financial settlement or a jury award.