Driving while impaired is unlawful, and when an intoxicated driver causes harm to others, the civil court could hold them financially responsible. Unfortunately, drunk driving is not uncommon and causes thousands of crashes nationwide every year.
You could be eligible for compensation to cover your injuries and losses if an impaired driver caused an avoidable collision. An attorney with experience handling drunk driving car accidents in Bangor could fight to help you collect the settlement you need to recover. Do not hesitate to get in touch with an automobile accident attorney at Gideon Asen about your case.
Causes of Intoxicated Driver Crashes
Consuming alcohol impacts fine motor skills, slows reflexes, and significantly decreases the motorist’s ability to steer and use the pedals safely. Some causes of intoxicated driver crashes include:
- Straddling two lanes
- Following too closely
- Dozing off at the wheel
- Swerving into the next lane
- Driving under the speed limit
- Running red lights and stop signs
- Unexplained stopping and starting
- Traveling on the wrong side of the road
An attorney skilled in handling drunk driving car crash cases in Bangor can conduct a thorough investigation and evidence review to determine the cause and gather the evidence necessary to prove liability.
Proving Liability
The injured party can present evidence that the at-fault driver was intoxicated to prove liability and collect damages from an insurer or in civil court. However, solely establishing that the other driver was drinking is not enough to win the case.
Evidence must also show their actions were the cause of the drunk driving car collision in Bangor. The court may find they were the sole cause of the damages, or they could conclude that another driver, including the injured individual, shared the fault and would decide the settlement amount using the comparative fault rule.
Modified Comparative Fault
When the civil court finds that the injured person shares a portion of responsibility for the collisions, they will not bar them from recovering damages for the defendant’s part of liability. Under the instruction provided at 14 Maine Revised Statutes § 156, they will diminish the settlement amount by the injured party’s part of liability up to 49 percent. That means that if the jury determines the plaintiff is 10 percent liable, they will subtract that amount from the total amount of damages.
However, they cannot collect a settlement if the plaintiff is 50 percent or more responsible for the damages. The plaintiff’s portion of responsibility must be less than the defendant’s.
While sharing a small part of fault for the collision will not block the injured party from collecting a settlement, it is crucial to build a strong claim establishing the defendant’s fault to recover a just award amount. A Bangor drunk driving car crash attorney can answer questions about the statute and help estimate potential damages.
Call a Seasoned Attorney About Bangor Drunk Driving Car Accidents
A crash caused by an intoxicated motorist is often traumatic and can have devastating consequences on your life, including your physical, psychological, and financial health. If the recklessness of another person caused you physical harm and other losses, you have every right to expect them to cover the monetary damages.
A hard-working attorney experienced with drunk driving car accidents in Bangor at Gideon Asen can provide sound legal advice and help you secure the full settlement amount you need and deserve. If you need help with your case to recover damages and losses, call us today to schedule a consultation.
