Car accidents happen every day, but when someone is driving under the influence, the consequences can be severe. Not only is there the risk of injuries or fatalities, but there are also legal implications. In California, being arrested for a DUI does not necessarily mean you will be at fault for the accident. The determination of fault depends on various factors that we will discuss in this article.
Drunk driving is a significant contributor to car accidents in California. According to the California Office of Traffic Safety, alcohol-impaired driving fatalities increased from 2018 to 2019, with over 1,000 people dying in alcohol-involved crashes in California in 2019.
When someone is arrested for a DUI and was involved in a car accident, the question of fault arises. The assumption that the person arrested for DUI is always at fault is not true. The determination of fault in a car accident involving a DUI arrest depends on the circumstances surrounding the accident.
California is a comparative negligence state, which means fault can be apportioned to both parties involved in a car accident. Comparative negligence is the legal term used to describe the degree of fault of each party involved in an accident. In California, if you are partially at fault for an accident, you can still recover damages from the other party, but your recovery will be reduced by the percentage of your fault.
When someone is arrested for a DUI and is involved in a car accident, the determination of fault is based on the facts of the case. It is crucial to note that the police report is not always the final word of fault. Police officers do not have the final say on who is at fault for an accident. The police report is just one piece of evidence that is considered when determining fault.
Several factors are considered when determining fault in a car accident involving a DUI arrest. These factors include:
The above factors are considered in conjunction with other evidence such as witness statements, physical evidence, and accident reconstruction reports.
If you are arrested for a DUI and are involved in a car accident, it is essential to hire a DUI lawyer. A DUI lawyer can help you navigate the legal system and ensure that your rights are protected. They can also help you understand the legal implications of a DUI arrest and help you build a defense to reduce the severity of the charges.
A DUI lawyer will work with you to review the evidence in the case, such as the police report and witness statements. They will also review your medical records to ensure that any injuries you sustained in the accident are accounted for in your case.
The goal of a DUI lawyer is to build a strong defense on your behalf. They will work to negotiate a plea bargain or reduce the charges against you. They will also represent you in court and advocate for your rights throughout the legal process.
Being involved in a car accident while under the influence of alcohol can have serious legal consequences. However, being arrested for a DUI does not necessarily mean that you will be automatically at fault for the accident. The determination of fault depends on various factors, and fault can be apportioned to both parties involved in the accident. If you are arrested for a DUI and are involved in a car accident, it is important to understand how fault is determined and how it can affect your legal case.
