If you are the innocent victim of a road traffic accident and the other negligent party was discovered to have been under the influence of alcohol then you have the right to instruct a drunk driver compensation solicitor to make to take legal action for damages against that person for any physical injuries that you may have suffered and for any financial losses that you sustained. Rapid Solicitors operate from offices in Adelaide, Canberra, Melbourne and Perth and will be pleased to give advice at no cost to establish whether or not you have a viable personal injury compensation claim. Do yourself justice – contact Rapid Solicitors without delay.
If that person has been convicted of an alcohol related driving offence, which is a criminal matter, notwithstanding the fact that negligence must still be proved, the reality is that there is little that they can do to avoid paying compensation in a subsequent drunk driver accident claim for personal injury or financial loss suffered by a driver, passengers, pedestrians, riders or any other road users.
The driver of any vehicle has a legal duty of care for the safety of other road users which requires driving with due care and attention. All drivers must remember this responsibility to other drivers or riders, to passengers and to the pedestrians. In a road traffic accident, the burden of proof of negligence is carried by the claimants lawyer who brings the legal action against the negligent third party. Proving liability by a drunk driver compensation solicitor is that much easier if the other driver is convicted of an alcohol related offence.
Following a road traffic accident, if there is the slightest suspicion that the other party has been drinking then the police should be called in order to take details and administer a breath test to be followed in appropriate cases where the initial test is positive by a further more sophisticated breath test or a blood/alcohol test at a local police station. It is not uncommon for drunken drivers to be imprisoned, notwithstandinjg being represented by a lawyer, especially if the accident is the result of recklessness or if it results in serious injury or fatality.
If you are an innocent third party and the evidence shows that more than one driver contributed to the accident then all negligent drivers will have to assume a part of the responsibility for your loss whether they were drunk or not. Even if you were partly to blame for the accident and you were under the influence of alcohol yourself it is still possible to claim especially if another negligent driver was also affected by drink. The amount of the compensation award will depend on the percentage of blame attributed to each driver. In addition a court may reduce or extinguish damages paid to a passenger if that person knew or ought to have known that the driver of the vehicle in which they were travelling was drunk.
Our drunk driver compensation solicitors provide a level of excellence in the specialist field of motor accident claims which takes a high level of commitment, substantial investment and constant training. Our lawyers offer the no win no fee scheme and will give free advice without any further obligation. If you would like to speak to a qualified solicitor just use the helpline or email our offices.
LAWYER HELPLINE: ☎ 1800 339 958The author of the substantive medical writing on this website is Dr. Christine Traxler MD whose biography can be read here