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Can I still file a lawsuit if the other drivers was legally intoxicated but I was partially at fault?

DUI Lawyers Alexandria, VA

Can I still file a lawsuit if the other drivers was legally intoxicated but I was partially at faultDUI 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

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 Partially 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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