Are Drunk Drivers Automatically at Fault for a Car Accident?

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.

Does Intoxication Automatically Determine Fault in an Auto Accident?

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.

How Arizona’s Shared Fault and Comparative Negligence Law Impacts Drunk Driving Accidents

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.

For a free legal consultation, call 866-499-8989

What Defense Could a Drunk Driver Use to Avoid Liability?

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:

Challenging the Accuracy of Tests

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.

Denying Intoxication at the Time of the Accident

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.

Blaming Other Factors

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.

Questioning Causation

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.

Challenging the Evidence

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.

How to Prove a Drunk Driver Was at Fault in a Car 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:

1. Admissibility of evidence: Courts will evaluate the scientific validity and credibility of breathalyzer or blood tests and the procedures followed during their administration.
2. The burden of proof: In drunk driving cases, it is generally the responsibility of the victim to prove that the defendant was intoxicated and that their intoxication was a significant factor in causing the accident.
3. Causation: To successfully establish fault, victims need to demonstrate that the drunk driver’s intoxication was a substantial factor in causing the accident and their injuries. Collecting evidence can help establish the link between the driver’s impairment and the accident.
4. Compliance with legal procedures: The defense must ensure that they comply with all applicable legal procedures and requirements, such as following proper protocols for testing, adhering to rules of evidence, and meeting deadlines for filing motions or presenting arguments. Your lawyer will identify errors that weaken their position.
5. Relevance and sufficiency of evidence: Victims should gather evidence that is both relevant and sufficient to support their claims. This includes documenting the accident scene, vehicle damage, road conditions, and any visible signs of the driver’s impairment. 

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.

Click to contact our personal injury lawyers today

What Evidence Is Needed to Pin Fault on a Drunk Driver Automatically?

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:

• Police reports: Contacting the police and filing a report immediately after the accident is essential, as the police report will document important details about the accident, including any observations or suspicions of the driver’s intoxication. Request a copy of the police report for your records.
• Witness statements: Obtain contact information from any witnesses present at the scene of the accident. Witnesses who observed the driver’s behavior or smelled alcohol on their breath can provide valuable testimony regarding the driver’s intoxication.
• Photographs and videos: Take photographs or videos of the accident scene, vehicle damage, skid marks, road conditions, and any other relevant factors. Visual evidence can help establish the circumstances of the accident and support the victim’s claims.
• Medical records: Seek immediate medical attention and keep a record of all medical treatments, diagnoses, and expenses related to the accident. Medical records can establish the extent and nature of the victim’s injuries, which can be linked to the defendant’s negligence and intoxication.
• Breathalyzer or blood test results: If the defendant was subjected to a breathalyzer or blood test at the scene or at a later time, request copies of the test results. These results can provide objective evidence of the defendant’s level of intoxication.
• Surveillance footage: If the accident occurred in a public area or near establishments with security cameras, inquire about the availability of surveillance footage. Such footage can capture the accident or show the defendant’s behavior before or after the incident.
• Expert witnesses: In some cases, expert witnesses, such as accident reconstruction specialists or toxicologists, can provide professional opinions on the defendant’s intoxication and its role in the accident. Consult with an attorney to determine if expert witnesses would be beneficial for your case.
• Social media and online evidence: Explore the defendant’s social media accounts and online presence for any posts, photos, or videos that may indicate their intoxication or irresponsible behavior leading up to the accident. Ensure that any potentially relevant information is preserved.

Complete a Free Case Evaluation form now

How Can Personal Injury Lawyers Help Victims of Drunk Driving Accidents Seek Compensation?

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.

Call or text 866-499-8989 or complete a
Free Case Evaluation form

Car Accidents Blog Posts:

Why Bruce Jenner’s Accident is a Lesson for ALL Drivers Out There

Every media outlet has a scope on the recent and fatal Bruce Jenner car crash.  Many accounts have recalled the incident in varying detail but none look promising for any party involved including the

Phoenix Light Rail Crash

A very major and scary crash recently closed down a major Central and Indian School Road intersection. Although the crash has long been cleared since Saturday, the collision between a

Tracy Morgan Lawsuit Finally Settles

Many fans of the famous (now ended) sitcom, 30 Rock, anxiously followed the news after beloved actor and comedian Tracy Morgan was involved in a trucking accident. A Walmart tractor-trailer

And Then It Happens To You… A Car Accident.

An accident victim who was injured in a car accident in Tucson, Arizona describes her experience in this guest post. You hear about them all the time. You have even witnessed some right in