Driving under the influence (DUI) has been illegal in Indiana for decades, but a shocking number of people still get behind the wheel while severely impaired by alcohol or drugs. To make matters worse, some of those drunk drivers end up causing traffic accidents that result in devastating injuries to the other people involved. Drunk driving car accidents in Lowell often leave injured parties facing significant physical, emotional, and financial challenges.
If you have found yourself in a similar situation, taking proactive legal action against the at-fault drunk driver could be crucial to protecting your best interests both now and well into the future.
Contact our seasoned car accident attorneys today for help with your case.
Are Drunk Drivers Always at Fault for DUI Car Crashes?
Beyond being against state law, drunk driving also violates the duty all drivers have, which is to pay attention and act responsibly while driving. Even if a drunk driver is ultimately not convicted of a DUI concerning a Lowell car crash, you may still be able to hold them civilly at fault for the incident. You would have to prove it is likely they caused you to get hurt because of their impairment, or through some other negligent act, such as committing a traffic offense or driving while distracted.
However, even if the drunk driver has already been charged with and convicted of a DUI, you still have the burden of proving they were at fault for your injuries. Furthermore, if you are partially at fault for causing your injuries through your own reckless or careless driving, a court may assign you a percentage of comparative fault. This means your damages awarded would be reduced by that percentage, unless it is greater than 50%, in which case your recovery is barred.
Important Evidence for Suing a Drunk Driver
Assistance from skilled legal counsel could make a huge difference when it comes to establishing that a drunk driver was at fault for a Lowell auto accident while also proving that you were not responsible for it. However, your case will only be as strong as the evidence you have to support it, so getting as much supporting information from as many sources as possible could have a huge impact on your chances of a successful case.
No two cases are exactly alike, but examples of evidence that can often be crucial to establishing fault for this type of incident include:
- Statements from witnesses who saw the crash occur
- Copies of accident reports written by responding police officers
- Purchase records, witness testimony, and other information detailing when, where, and to what extent the defendant consumed alcohol before driving
- Photos or videos of the crash scene, particularly of damage to the vehicles involved
- Traffic, surveillance, or dashboard camera footage showing the accident in progress
Our lawyers could go into more detail during a confidential consultation about what steps you should be taking to strengthen your possible claim.
Get Help From a Lowell Attorney With Your Drunk Driving Car Wreck Lawsuit
Anyone who drinks and drives is acting irresponsibly and unlawfully, and could very likely be held at fault for any traffic collision they cause while impaired. Drunk driving car accidents in Lowell often involve complex legal and insurance challenges, making it difficult to handle a claim alone.
Our attorneys have years of experience fighting tenaciously and effectively for people in your position, and could work toward getting you the restitution you deserve. Call The Law Offices of David W. Holub today to schedule a free consultation.