Drunk driving entails more than simply getting caught driving with a high blood alcohol level; one must recognize the inherent dangers of this irresponsible practice. According to a study by the NHTSA, a significant percentage of fatalities in the U.S. can be attributed to drunk drivers.

In many drunk driving cases, the driver is responsible for the accident. However, the defense may reduce the victim’s compensation by arguing shared liability. In such cases, reimbursement is based on comparative negligence rules. Suppose the defendant in your drunk driving case claims you contributed to the accident. In that case, you must consult a drunk driving accident law firm to ensure you receive fair compensation.

What is Comparative Negligence?

Driving drunk significantly increases the likelihood of a car crash, making drunk driving cases challenging to handle legally. For instance, the court may determine liability by assessing whether the elements of negligence have been satisfied. A driver is considered negligent if they fail to adhere to the standard behavior expected of an average driver. They are responsible for the safety of pedestrians and other motorists on the road they are traveling. Therefore, if they neglect this responsibility, they can be held liable for any accidents or incidents on the road.

Sometimes, a drunk driver may allege that the victim played a role in the accident. This type of negligence is known as comparative negligence. In such cases, the compensation awarded to the accident victim is reduced based on their perceived contribution to the accident. For example, if the plaintiff is deemed 20% responsible for the accident, their damage award will be reduced by that amount.

Is Comparative Negligence the Same as Contributory Negligence?

One common misconception is that comparative negligence can be used interchangeably with contributory negligence. The main difference between these models is the hope for reimbursement. With the comparative negligence system, there is a possibility of receiving reimbursement, whereas the contributory negligence system eliminates any chance of compensation.

Under contributory negligence, even if your share of the blame is as little as 1%, you lose your claim for damages. Some states that adhere to this negligence model include Washington, D.C., and North Carolina.

What Are Some Examples of Comparative Negligence?

Here are a few accident defense scenarios where a drunk driver may argue that you bear partial responsibility for the accident:

• Violating the required speed limit, ignoring traffic rules, or driving a defective car.
• Walking on a restricted side of the road.
• Willingly riding with a drunk driver.
• Engaging in any activity that distracts the driver’s attention from the road.

What Are the Types of Comparative Negligence Systems?

Comparative negligence can be classified as either pure or modified. In states that follow the pure comparative rule, damages are awarded based on each party’s share of fault. California is one such state that follows this negligence model.

Most states recognize the modified comparative fault concept. Under this model, you are not eligible for compensation if your share of liability exceeds a certain threshold. For example, in some comparative fault states, you forfeit your compensation claim if your liability exceeds 50%.

How is Comparative Negligence Proven?

For a comparative negligence case to hold, the defendant must demonstrate that they did not act as an average person would have under similar circumstances. For instance, if a driver is speeding and gets hit by a drunk driver, they bear partial blame for being on the wrong side of the road.

However, the defendant must establish a connection between your negligent actions and the accident. If you were speeding and collided with a drunk driver on the wrong side of the road, the court may rule against the defendant. This is because the car crash would have occurred regardless of whether you were speeding, given that the driver was operating on the wrong side of the road.

Consult a Drunk Driving Lawyer Today!

If you are involved in a drunk driving accident, and the at-fault driver claims you played a role in the accident, it is crucial to seek legal assistance. A drunk driving lawyer from Boohoff Law will support and guide you to ensure your rights are protected. Whether you reside in a pure or modified comparative fault state, our lawyers will advocate for your claim to achieve the best possible outcome.