Founder and Managing Partner
When you are involved in a traffic accident with another driver who was intoxicated, the presence of a DUI (Driving Under the Influence) conviction can be a key factor in winning your case. But sometimes it may not be enough to prove a drunk driver’s liability responsibility in the accident.
The first thing you should know is that having a DUI conviction provides an almost inevitable presumption of guilt, since the law considers driving under the influence of drugs or alcohol to be irresponsible and negligent, providing clear evidence of the guilt of the other driver who is not fit to drive a vehicle.
As in any case, it has its strengths and limitations that we will delve into in greater depth in this article.
Drunk Driver’s Responsibility – Strengths of a DUI Conviction:
Violation of Law: California law clearly establishes a violation for driving under the influence of alcohol or drugs.
Presence of Substances in the Driver: The results of alcohol or drug tests demonstrate an impaired state to drive and support the claim of intoxication.
Negligence: The decision to drive under the influence is considered a form of negligence and establishes the driver’s guilt.
Limitations of a DUI Conviction:
Other Factors: Although the DUI conviction is favorable for your case, other factors that could have contributed to the accident must be taken into account, such as the weather, other drivers, lighting or conditions of the road where the accident occurred.
Review of the Evidence: A good defense attorney will question the accuracy of the evidence and affect the case.
Negligent Contribution: Depending on each party’s contribution to the accident, liability could be divided.
Having correct legal representation will help you carry out a detailed investigation of the accident and thus you will be able to relate the intoxication to the drunk driver’s liability. This includes reviewing all evidence at the accident scene, interviewing impartial witnesses who witnessed the event, collecting and analyzing medical and police records, and hiring specialized experts. Contact us to receive legal help.