When a drunk driver hits another vehicle, one might assume that fault would almost certainly be placed entirely on the drunk driver. This is not always the case. In reality, car crash lawsuits can be incredibly complex, and a driver’s blood-alcohol content (BAC) is only one factor in establishing fault.
How BAC is Misinterpreted
Alcohol affects everyone differently because of differences in biology and other factors. For example, how well someone’s liver enzymes break down alcohol, whether they’ve recently eaten anything, and even someone’s body type can affect how fast they process alcohol. Therefore, accurately measuring alcohol content in a person’s system can be a complicated task.
In most states, the BAC level that qualifies as driving under the influence (DUI) is .08. It is important to note: Even though a driver’s BAC level was above .08, there are multiple strategies the defense can use to prove that the allegedly drunk driver was not at fault. One strategy used by DUI defense attorneys is called the “rising BAC.” If the police take a long time to check a driver’s BAC, the defense could claim even though the driver was legally drunk at the time of the test, he or she was not legally drunk while driving, because the alcohol had not metabolized into their blood at the time of the collision. This is only one of many tactics defense lawyers use to defend their clients.
Another defense may be that the test that indicated the driver’s BAC was faulty (breathalyzer tests are commonly criticized for inaccuracy), or that a blood sample taken from the driver was contaminated.
Insurance companies will go to great lengths to avoid accepting liability in a lawsuit. They may claim that a car malfunction or any other factor besides their client was the cause of the crash, and will perform a thorough investigation to prove you were at fault. The level of complexity in any car crash lawsuit is easy to underestimate, which is why personal injury lawyers are so important for your success.
The Role of Your Lawyer
Your lawyer’s job is to make sure you’re given what you’re owed by the driver who caused you harm. As discussed in the section above, the defense has several different curveballs at their disposal if their client was drinking and driving. However, an experienced personal injury lawyer will know exactly how to overcome these defenses and get you the money you deserve. Just the simple act of having a lawyer at your side could encourage the driver’s insurance company to pay out a larger settlement.
Fortunately, most personal injury lawyers give free consultations so they can evaluate the details of your case in advance.
