Car accidents caused by drunk drivers can have devastating consequences for victims. One common question that arises in such cases is whether the drunk driver is automatically considered at fault. A Phoenix car accident lawyer can establish proof that sticks to help you secure justice and rightful compensation.
Victims of drunk driving accidents have the right to pursue legal action against the drunk driver. Zanes Law Firm helps victims file a personal injury claim to recover compensation for medical expenses, lost wages, pain and suffering, and other damages resulting from the accident.
In this article, we will address whether drunk drivers are automatically at fault and provide valuable insights for victims of drunk driving accidents.
Being intoxicated does not automatically make a driver solely at fault for a car accident. While intoxication is a significant factor, other circumstances and contributing factors will also be considered in determining fault.
A Phoenix personal injury lawyer will explain how factors like traffic violations, road conditions, and the actions of other drivers play a crucial role in establishing fault, along with what to do after being in a car accident with a drunk motorist.
In some cases, the drunk driver may share fault with other parties involved in the accident. Comparative negligence laws come into play when determining compensation in Arizona. If the victim also contributed to the accident, their compensation may be reduced based on their level of fault.
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Since a drunk driver may not be found automatically at fault for a car wreck, some effective defenses can be used to avoid liability; these include:
Drunk drivers may challenge the accuracy or reliability of tests used to determine their level of intoxication, such as breathalyzer or blood tests. They may argue that the tests were administered improperly or that the results were inaccurate.
Drunk drivers may claim that they were not actually intoxicated at the time of the accident. They might argue that they consumed alcohol after the accident or that the alcohol they consumed did not impair their ability to drive.
Drunk drivers may attempt to shift blame onto other factors or parties involved in the accident. They might argue that road conditions, mechanical failures, or the actions of other drivers were the primary causes of the accident rather than their own intoxication.
Drunk drivers may dispute that their intoxication directly caused the accident or the injuries sustained by the victim. They might argue that other factors, such as pre-existing medical conditions or unrelated incidents, were responsible for the injuries.
Drunk drivers may challenge the admissibility or sufficiency of the evidence presented against them. They might question the reliability of witness testimonies, video footage, or other evidence used to establish their intoxication or their fault in the accident.
There are general principles that are considered in determining if a drunk driver is automatically at fault for a car collision. The following legal requirements must be met to be valid:
Consulting with a qualified attorney who is knowledgeable in Arizona drunk driving accident cases will help you understand your legal requirements, such as filing your claim before the statute of limitations expires while gathering facts to build a strong case to counter the drunk driver’s defenses.
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Gathering evidence to prove that the defendant was intoxicated and at fault in a drunk driving accident isn’t always easy, and legal counsel should always be consulted to ensure the appropriate steps are taken and that the evidence is properly handled and presented in court.
An experienced personal injury attorney can guide you through the process and help build a strong case based on the following evidence:
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Navigating the legal complexities of a drunk driving accident case can be challenging. Seeking the assistance of an experienced personal injury attorney is crucial in obtaining legal evidence that can automatically assign fault to a drunk driver.
Zanes Law Firm can provide guidance, gather evidence, negotiate with insurance companies, and represent the victim’s interests in court if necessary. Contact us today to consult with a qualified attorney who can provide personalized advice based on your specific circumstances.
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