Understanding If DUI Related Accidents In Houston Are Always Fault Of Drunk Drivers
There are often complexities in the faults involving DUI accidents. A DUI charge will be served when you are found driving or operating a motor vehicle with a BAC of 0.08% or over.
Ordinarily, a misdemeanor is issued for a first DUI offense. This applies to all states. Nevertheless, you will face charges of aggravated DUI in case you cause an accident through intoxicated driving. The severity of the penalties one faces for an aggravated DUI is more extreme in comparison to an ordinary DUI.
Drunk drivers are involved in thousands of car accidents every year. It is the belief of many people that a drunk driver is to blame for being at fault when an accident occurs. Notably, this is not always the case. There is a need for you to fully comprehend the facts regarding your accident if you have been in a car accident that involved a drunk driver. This is important particularly if you were injured.
Injury claims after the occurrence of drunk driving accidents are common. The insurer of the drunk driver is usually in the spotlight to compensate victims for most of these cases. In some cases, no liability may be carried by the drunk driver. This may end up affecting the compensation that one is seeking for personal injuries sustained during the accident.
DUI Charges Do Not Necessarily Point To A Mistake In An Accident
The impairment of the drunk driver takes center stage as the reason behind wrecks for most drunk driving accidents. However, part of the blame for an accident may also be shared by a non-drunk driver in some instances. Recklessness or negligence, while one is behind the wheel, may cause an accident. Some of the faults during the accident may be shared by a non-drunk driver according to the guiding principles of contributory fault.
Generally, there is a separation between the unlawful act of intoxicated driving and the involvement in an accident according to the law. The drunk driver may face DUI charges. However, full liability leading to the accident may not be faced. Rather, the drunk driver’s negligence will be accounted for as part of the fault. This percentage of the fault is often greater than that of a non-drunk driver.
Take, for example, you get hit while driving through a stop sign by a drunk driver. Taking into consideration other factors that concern the accident, you may end up facing some liability for the accident. You would have ended up sharing less partial liability if a non-drunk driver would have struck you in the same scenario.
Liability Is Complex
There is a need for you to understand that comparative negligence doesn’t restrict you from seeking compensation after a crash in Houston. This compensation is for injuries sustained. This applies whether you think that you share some liability during a drunk driving accident.
The determination of liability after a crash is a complicated issue. So is the calculation of compensations. That’s why you need the help of a legal professional once a drunk driving accident happens. You may have a greater claim since no two accidents are exactly the same. Through proper legal counsel, you can comprehend the detailed aspects of law and fight for the protection of your rights.
If you are dealing with a DUI or DWI in Houston, feel free to give us a call or contact Butler Law Firm to inquire about a FREE case consultation and speaking with a Houston DWI attorney!