If you’ve been hit by a drunk driver, you might assume that the question of responsibility is clear: The other person was under the influence, so they’re to blame. In fact, it’s more complicated than that. In such a situation, it’s vital you enlist a car accident attorney, as a variety of factors come into play when determining liability. 

A Guide to Determining Fault

1. Proof of Damages

If you want to take legal action against a drunk driver who hit you, you must be able to prove damages. These could range from scratches on your car to your bodily injuries. Gather evidence of these instances, whether it’s photos of the bruised car or your medical reports.

2. Breach of Duty

Next, you must then prove that the other driver’s impairment led them to act negligently, causing the accident and harm. Everyone on the road has a duty to follow traffic laws and respect the safety of others. An impaired individual may drive recklessly or speed—which is considered a breach of duty. Your car accident attorney might get proof of this via traffic cams or speed radars.

3. Comparative Negligence

The law will not necessarily pin the full blame on the other driver. Let’s say, for instance, that they were speeding—but you were texting while driving. A car accident attorney could argue that you are also partially at fault. Most states use a “comparative negligence” approach, where blame is seen as a percentage.

Traffic laws and liability legislation vary from state to state. If you are in a drunk driving incident, it’s essential to consult a local lawyer. They will know the region’s laws and build you the strongest case possible.

For a top-quality car accident attorney in Boston, MA, put your trust in Bellotti Law Group, PC. These lawyers are known for the straightforward counsel and honest advice they give their clients. Their team covers an array of specialties, from personal injury to criminal law. Get a full overview of their various practice areas online. For a consultation, call (617) 778-1000 and schedule an appointment today.