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How do you prove liability in an alcohol-related accident?

For many resident in Arizona, automobiles are relied on to get them to and from their destinations. And while traveling on roadways throughout the state can be safely done when a motorist is following the rules of the road, this does not always protect the driver or their passengers from negligent and reckless drivers on the road. Accidents happen unexpectedly and can have tragic consequences. And when a drunk driver collides with another vehicle, those harmed in the crash could hold a drunk driver liable for injuries and damages caused in a drunk driving crash.

In order for a victim or a surviving family member to file a civil action against a drunk driver, the intoxication level of the drunk driver must be proved. Moreover, it must be proven that this level was too high for the driver to safely operate a motor vehicle. Additionally, a victim must prove that the drunk driver failed to exercise reasonable care with regards to the public's safety.

How do you prove liability in an alcohol-related accident? Typically, following a drunk driving accident, a drunk driver is charged with a DUI, resulting in consequences such as hefty fines and even jail time. In the event that a drunk driving accident causes serious injuries or even death to the drivers or passengers of another vehicle, a cyclist or pedestrian, it is possible for accident victims to use the information and evidence from a criminal conviction to file a civil action against a drunk driver.

After a drunk driving crash, officers will most likely use the blood alcohol concentration to prove that the driver was under the influence of alcohol. Based on probable cause, an officer can make an arrest using the results of the BAC test. These results could help a victim prove that the driver was drunk and therefore negligent at the time of the collision.

The damages following a drunk driving accident can be excessive and tremendous; therefore, it is essential for victims to understand what steps he or she could take following a drunk driving crash. This could help them hold a negligent driver accountable and help a victim collect compensation for injuries, losses and damages.

Source: Findlaw.com, "Drunk Driving Accidents," accessed Sept. 17, 2016

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Law Office of Keith A. Hammond, P.C.

Keith A. Hammond, P.C. Attorney at Law
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Flagstaff, AZ 86001-4623

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