Car Accident Lawyer

A car wreck can do more than make you late for an appointment. The aftermath and the damage to both you and your vehicle may make it almost impossible to continue the life you once had. The other driver was to blame, and after the smoke clears, you realize that they don’t seem quite right. When the police arrive, it is believed that the driver is under the influence of alcohol. What impact, if any, does this have on your car accident claim? Discover how getting hit by a drunk may affect the insurance claims process by reading this article.

Police Investigation

When a driver operates a vehicle intoxicated, the police must first determine the level of the impairment. The blood alcohol content threshold where most people are deemed too impaired to drive is .08%. Some states may have a sliding scale and find a person impaired below this level. If the police administer a breathalyzer at the scene of your accident, the other driver may be arrested on drunk driving charges. The police report will detail the accident as told by you and witness accounts. A crucial part of the investigation is proving that the intoxicated person was behind the wheel. If enough evidence is present to prove it, then the arrest will likely stand.

Insurance Investigation

The insurance investigation continues as it would if you were in an accident with a sober driver. Your insurance company will take your statement and may either begin the investigation or call the other insurer. The police report and any evidence proving the other driver’s impairment will be noted during this time. Regardless of the reasons behind the accident, the insurance company is looking for the person responsible for the accident. If it turns out to be the impaired driver, then their insurance company may have to pay out damages. However, there are some instances where the impaired person was not at fault and merely a victim. In this case, your insurance company may challenge the findings.

Court Proceedings

A person charged with some form of driving under the influence may face criminal proceedings regardless of the accident. While the events of the crash may come into play during the court proceedings, they are not the primary reason for them unless someone is killed. A drunk driver who kills someone may be subject to serious jail time. The criminal conviction of the impaired driver will not carry significant weight for your insurance claim, but it may be used as evidence in a civil suit you may file against them.

A car accident lawyer, like a car accident lawyer in Woodland, Hills, CA, may offer assistance in advocating for your side of a crash claim. Impaired or not, if the other driver caused the collision, you might have the right to recover damages.



Thanks to Barry P. Goldberg Law for their insight into what happens when the other driver in a car accident was drunk.