Strategies Commonly Used by the Defense in DUI Cases
If you are injured in a drunk driving accident, you may wonder who can be held liable for your damages. In many cases, the intoxicated motorist may be held civilly and criminally responsible for the harm that they caused. However, a drunk driver may bring up several defenses to try to avoid liability. Therefore, it is essential to know the strategies that the other side may employ to avoid paying compensation.
At Westlake Injury Law, we represent individuals who have been seriously injured in drunk driving accidents. Our lawyers have recovered millions of dollars on behalf of injury victims and their families throughout Ventura County. If you were injured in a DUI accident, contact our office at (805) 338-6880 to schedule a free consultation.
What Defense Strategies Are Used in DUI Cases?
In many cases, it may be assumed that the impaired driver is at fault for the car accident. However, an assumption may not be enough to prove liability. An insurance company may try to deny a claim, even though their insured was under the influence at the time of the accident. An experienced attorney can help you understand your rights if you were injured in a DUI crash.
Five defense strategies commonly used in DUI cases:
- Contributory Negligence: In any car accident case, a negligent driver or their insurance company may argue that you were at least partially to blame for the accident and your injuries. If you are found to be at fault for the accident, your recovery may be reduced in proportion to your percentage of fault.
- Inaccurate Chemical Test Results: Another strategy used in both criminal and civil cases is to argue that the chemical test results were inaccurate or unreliable. A chemical test is the blood, breath, or urine test given after an accident when the driver is suspected of driving under the influence.
- Insufficient Evidence of Drinking: If the motorist leaves the scene of the accident before the police arrive, they may try to argue that they were not impaired at the time of the accident.
- Liability Issues: In some cases, an impaired driver or their insurer may try to argue that they were not the cause of the accident. They may say that another driver, a defective auto part, or a dangerous road was the actual cause of the accident.
- Lack of Evidence of Driving: Finally, a liable party may argue that there was insufficient evidence to prove that they were driving at the time of the accident. This is most common when an impaired driver leaves the scene of the accident before police arrive.
If you are injured in a drunk driving accident in Ventura County, you need to speak with an attorney. A liable party may use any number of strategies to downplay your injuries or deny your claim in order to avoid paying damages. An attorney can help you prove your case, including who or what caused the accident.
Injured in a DUI Crash? Contact Our Office.
Were you or a loved one injured in a drunk driving accident in Ventura County? Contact our office at (805) 338-6880 to schedule a free, no-obligation consultation. There are no fees unless we win; call now to get started.
