Can I File A Lawsuit If The Other Driver Was Intoxicated But I Was Partly At Fault?

October 01, 2024

      
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DUI lawyers Alexandria, VA residents count on will tell you that the purpose of a personal injury claim is to ensure the rights of a victim of someone’s negligence acts. This means any person injured by the negligence of another person has the right to file a personal injury claim. The purpose of these claims is to put anyone to caused harm to another person at fault and hold these people accountable for their actions.

These cases however aren’t always that simple and blame for accidents can be placed with many different people and sources. You need to be careful before you file a claim if you think you may also have been responsible for the accident. Talking to DUI lawyers in Alexandria, VA can help you talk about your options and make the right decision about what to do.

The Role of Negligence in Personal Injury Cases

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One of the most important things in a personal injury case in establishing who is at fault. You need to consider if you were at fault at all or if the blame could be placed on you event if this blame is just partial. Weather or not you receive compensation is highly dependant on the amount of blame put on you after an accident.

The Role of Negligence in Personal Injury Cases

As most DUI lawyers in Alexandria, VA will inform you, it’s important to understand how negligence plays a role in personal injury cases before learning about whether or not you can recover compensation if you are partially to blame for the accident.

It is the role of the plaintiff in every personal injury case to prove that the defendant was negligent. This includes proving;

The duty of care was breached
The defendant owed a duty of care to the plaintiff
The plaintiff was injured as a result of the defendant’s negligent acts by them being either irresponsible or not following the rules of the road.

DUTY OF CARE – A duty of care is a legal obligation that everyone should take precautions while performing any act that may harm others. This means that if you breach a duty of care, you are putting yourself in the category of negligence because you are not acting reasonably or responsibly.

An example of breaching a duty of care is when a driver choses to get behind the wheel while they are under the influence of alcohol. Driving drunk is not at all safe and puts others in risk of injury or event death. Any victim from a breach of duty of care has the right to sue and should most likely take legal action.Talking to DUI lawyers Alexandria, VA locals rely on may help clarify how to best take action.

How to Determine If You Are Partial to Blame

Determining blame in personal injury cases can be one of the most difficult steps of filing the claim. Putting someone at fault includes gathering lots of evidence from interviewing witnesses, reviewing surveillance footage, examining photos of the scene of the accident, and working with an accident reconstruction expert.

Call the personal injury attorneys at Cohen & Cohen today to discuss your accident and help determine who was at fault and if you should pursue a personal injury claim. Call today to speak to DUI lawyers Alexandria, VA residents count on.

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   M Strolle 
 19 days ago
 
 
 Trustindex verifies that the original source of the review is Google. Kim Brooks-Rodney settled my mother's case expeditiously, with great patience and sensitivity and won us a magnificent settlement.  I can't imagine that a better personal injury lawyer exists.  I highly recommend her and her firm, Cohen & Cohen.  They are undoubtedly the best of the best.
  
 
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   Tanea washington 
 26 days ago
 
 
 Trustindex verifies that the original source of the review is Google. This law firm was great and Nicole did a wonderful job on my case. Keeping me updated along the way with any changes or information really kept me at ease. I would recommend them over and over again!
  
 
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   Gabriel anteneh 
 39 days ago
 
 
 Trustindex verifies that the original source of the review is Google. Glorious glorious , Nicole and her firm are the best . Treated me with kindness.
  
 
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   David junior COLY 
 46 days ago
 
 
 Trustindex verifies that the original source of the review is Google. Nicole was great in assisting with my case.
Thank you so much
  
 
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   Kenneth Distance 
 59 days ago
 
 
 Trustindex verifies that the original source of the review is Google. Ms. Skibicki handled my uninsured motorist claim exceptionally well. She understood the importance of balancing justice and compensation from those involved in the dispute. She fought for a fair settlement and genuinely listened to my concerns and complaints about the process, showing empathy throughout.

She thoughtfully explained the pros and cons of pursuing further litigation if I was not satisfied with the offer, and she gave me ample time to make a decision that felt right for my situation. I never felt pressured to accept an offer that didn’t meet my needs. If I need legal assistance again, I would choose Cohen and Cohen and specifically request Ms. Skibicki as my attorney.
  
 
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   Siayre Nichols 
 62 days ago
 
 
 Trustindex verifies that the original source of the review is Google. I had Ms. Nicole handle my case and she was amazing! One of my biggest worries was having a lawyer who wouldn’t take my case seriously, but Ms. Nicole was went to bat for me and did an excellent job. I really appreciate you, Ms. Nicole!
  
 
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   maraki solomon 
 75 days ago
 
 
 Trustindex verifies that the original source of the review is Google. I had an excellent experience with Cohen & Cohen from start to finish. My lawyer was professional, responsive, and genuinely cared about my case. They explained everything clearly, kept me informed throughout the process, and made what could have been a stressful experience much easier to navigate. I truly appreciate all of their hard work, dedication, and support. I highly recommend Cohen & Cohen to anyone in need of a personal injury lawyer
  
 
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   Christopher Ruiz 
 82 days ago
 
 
 Trustindex verifies that the original source of the review is Google. Fantastic firm. The attorneys resolved my case with clear communication and genuine determination to see that I would be left in the best position possible. Special kudos to Nicole Skibicki for pushing through the finish line.
  
 
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   Meredith Stasa 
 83 days ago
 
 
 Trustindex verifies that the original source of the review is Google. I retained Cohen & Cohen after I was struck by a car and fractured my spine. Adam was kind, knowledgeable and truly an advocate throughout the entire settlement process. He was incredibly responsive to my calls, emails and texts, and always took the time to explain how parts of the admittedly complex process worked with insurance, etc. Adam was able to secure a settlement of the offender's maximum policy limit, and the process was completed within a year. 10/10 recommend!
  
 
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   Nini Da Silva 
 88 days ago
 
 
 Trustindex verifies that the original source of the review is Google. I rarely write reviews, but this experience was truly worth sharing.

Cohen & Cohen exceeded my expectations throughout my case. Nicole Skibicki, Esq. was an outstanding attorney who demonstrated professionalism, compassion, and genuine care from start to finish. She took the time to listen whenever I needed to vent about my situation, and her empathy made a difficult process much more manageable.

Nicole was a strong advocate on my behalf and worked diligently to ensure that I received a fair settlement from the insurance company. I always felt informed, supported, and confident that my case was in capable hands.

I highly recommend Cohen & Cohen to anyone seeking a personal injury or accident attorney. If you want experienced legal representation, exceptional client service, and a team that truly cares about achieving the best possible outcome for you, this is the firm to choose. Thank you, Nicole and the entire Cohen & Cohen team, for your dedication and outstanding work!
  
 
 
  
 
 
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