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Who's liable after a drunk driving crash?

After years of driving safely around Montgomery, most people start to feel very comfortable behind the wheel -- perhaps too comfortable considering how many drivers at any given moment are operating their vehicles while intoxicated. The later at night it gets, the more drunk drivers there are on the road. As such, it's important that we never take our safety for granted and that we stay as attentive as possible to the happenings around us.

Seated Driver Flask.jpg

Still, no matter how careful you are while driving, it's possible that you'll find yourself the victim of an unlawfully drunk driver. If that happens to you, and you suffer an injury because of it, you should know that the drunk driver who caused your injuries may be financially liable to pay you for your damages.

Five factors come into play when courts hold a drunk driver liable for an accident and the resulting financial damages:

  • The drunk driver had a duty to follow specific rules, laws and to protect the safety of other people.
  • The drunk driver breached these duties by breaking the law or engaging in dangerous activities that risked the safety of others.
  • Would the same level of injuries have happened if the drunk driver hadn't been intoxicated?
  • Were the injuries within the scope of what could be reasonably expected given the drunk driver's choices?
  • What kinds of damages has the plaintiff suffered?

A lot of factors will come into play in every drunk driving accident case. It's important for plaintiffs to review all of these factors before they choose the most appropriate legal strategy to employ in the pursuit of their cases.

Source: FindLaw, "I Was Hit by a Drunk Driver: Who is Liable?" accessed Nov. 30, 2017

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The Malloy Law Firm concentrates on helping injured people and their families put their lives back together. We can help you get the medical care and compensation you need.

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