Can I Still Collect Damages If I Was Drunk At The Time Of The Accident?

Accidents happen, and they can leave you with severe injuries and sometimes even long-lasting consequences. However, if you were intoxicated at the time of the incident, you may wonder if you can still collect damages. While this can be a complex issue, there are several factors to consider before determining your eligibility.

In this article, we will explore whether you can still collect damages if you were drunk during an accident and what steps to take to increase your chances of receiving compensation.

Understanding Comparative Negligence

Many states in the US adhere to the comparative negligence rule, which means that a person can still recover damages even if they were partially at fault for the accident. This rule is used to determine the percentage of each party’s negligence and assign fault accordingly.

For example, if you were involved in a car accident while under the influence of alcohol, the court may find that you were 50% responsible for the incident. If the total damages amount to $50,000, you would ultimately receive $25,000 since that’s your percentage of responsibility. This means that even if you were partially at fault, you could still recover damages for the percentage of fault attributed to the other party.

Insurance Companies and Drunkenness

If you were drunk at the time of the accident, insurance companies may be reluctant to pay full compensation. In many cases, they may argue that the damages are reduced, and you may not be entitled to full coverage due to your level of intoxication.

In some instances, insurers may refuse to pay any compensation at all, which could leave you feeling helpless. However, with the help of an experienced personal injury attorney, you can explore your legal options to ensure that you receive the compensation you deserve.

Factors That Impact Your Eligibility

Several factors can impact your eligibility to receive compensation after an accident when you were drunk. These factors can include:

Level of Intoxication

The level of intoxication at the time of the accident can significantly affect your eligibility to collect damages. If the alcohol level in your bloodstream is above the legal limit, the court may find that you were completely at fault for the accident and therefore not eligible for compensation.

Negligent Behavior

If your actions were reckless or negligent, such as driving at excessive speeds or ignoring traffic signals, the court may find that your behavior caused the accident. This can reduce or completely eliminate your eligibility for compensation, even if you were not drunk.

Contributory Negligence

Some states adhere to the contributory negligence rule, which implies that if you contributed to the accident in any way, you cannot recover any damages from the other party. This means that if you were partially responsible for the accident due to drunkenness or negligent behavior, you may not receive compensation.

Legal Actions To Increase Your Chance Of Recovery

If you believe that you have a valid case for damages, there are several legal actions you can take to improve your chances of recovery. These include:

Hire a Personal Injury Attorney

An experienced personal injury attorney can help you determine your eligibility for compensation and advise you on the best legal actions to take.

Gather Evidence

Documenting and collecting evidence from the scene of the accident, including photographs, witness statements, and medical records, can significantly strengthen your case.

Investigation

Investigating the accident can uncover crucial details that can support your case. This can include reviewing police reports, interviewing witnesses, and reconstructing the incident.

Settlement Negotiation

Working with your attorney to negotiate a settlement with the insurers and the other party can help you avoid a lengthy court proceeding and get the compensation you deserve.

Court Proceeding

If the insurers and the other party refuse to agree to a settlement or you disagree with the settlement offer, you may need to pursue legal action in court to recover damages.

Conclusion

Being involved in an accident while under the influence of alcohol can have severe consequences. However, if you were drunk at the time of the accident, it does not necessarily mean that you cannot receive compensation. Understanding the comparative negligence rule and working with an experienced personal injury attorney can help you determine your eligibility for damages and guide you through the legal process.

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