How does one know they are eligible and what is the process to claim compensation against drunk drivers?
Accident victims who have been injured in accidents for which a drunk driver was responsible for should be entitled to claim compensation against drunk drivers and a driver who is found to be over the legal alcohol consumption limit will always be deemed fully liable for the accident that has occurred, which a sober and observant driver could have taken action to avoid. A driver with only a trace of alcohol consumption who has been involved in an accident will be held partly liable for the accident.
Because drunk drivers who have caused an accident in which people sustained injuries will more than likely face a number of additional charged, it is of utmost importance that the Gardai are called to the scene of the drunk driver car crash to substantiate a claim for compensation. The Gardai will be able to perform an alcohol consumption test at the scene to establish the driver’s intoxication.
However, proof of intoxication is not enough proof that the driver was responsible for the accident. In order to successfully recover compensation for the injuries you sustained in the accident, Garda reports, CCTV footage – if available – and witness statements are necessary to prove that the driver was indeed negligent.
As long as the driver in question is covered by a motor insurance policy, their insurer’s will generally pay out any drunk driver compensation for material damage, injuries and any financial costs incurred that are directly attributable to the accident. Please bear in mind, that you may be approached by the negligent party’s insurers with an offer of compensation as soon as they become aware of their policyholder’s negligence. Should you receive such an offer, it should be referred to your solicitor as soon as possible in order for it to be professionally assessed to determine if it is a sufficient representation of the injuries sustained and how they have affected the victim’s quality of life.
It is important that potential plaintiffs who wish to claim compensation against drunk drivers are aware of the potential for “contributory negligence” to be brought into play. For example, if it transpires that the victim was aware that the driver of the car had consumed alcohol but they still travelled in the car with them, the drunk driver compensation settlement could be substantially reduced to reflect the victim’s own lack of care.
Although pursuing a claim for drunk driver car crash may initially seem straightforward, it is strongly recommended that anyone considering making such a claim engage the services of an experienced solicitor before doing so. With the assistance of an expert solicitor, those who wish to claim compensation against drunk drivers will have a greater probability of success and of being recompensed with the highest amount of compensation they qualify for.