Who is to blame in an accident is really down to who has failed in their duty of care for the other road user. We do take on and win many claims that are against drivers who were drunk at the time of the accident, and it’s clear to see that many incidents could have been easily avoided if it were not for the selfish actions of a driver getting behind the wheel when over the limit.
But does being drunk automatically place someone at fault?
Irrelevant of whether a driver is drunk or not, it is their actions that are assessed when it comes to establishing fault. You could have a sober driver rear end a drunk driver who was stationary at traffic lights, but the sober driver is still at fault. Of course the drunk driver should be arrested in any event for being over the limit and breaking the law; but the point being made here is about where the blame actually lies.
HOWEVER – knowing that a driver who you believe to be at fault is over the limit can help your case. Firstly, you should always contact the police where you suspect a driver you are involved in an accident with is over the limit. If the driver is found to be over the limit then this can really hamper them as a witness on creditability grounds where they intend to defend the case.
What this means is that if there is any dispute in the circumstances as to who is to blame, or where the proportion of blame lies, a driver who was found to have been over the limit will hardly be seen as a credible witness if the case ever went to a court of law. At the end of the day they have broken the law and driven under the influence of alcohol – how can their word be trusted?
So to answer the question at hand in short here, a driver who is drunk is not necessarily automatically at fault, but it certainly doesn’t help them in defending themselves. I hardly think a Judge would accept their version of events when they were over the limit!
Many drivers who are at fault may try to allege that the accident occurred in entirely different circumstances because they wish to dishonestly avoid paying in higher insurance fees and excesses. As such, utilising information like a driver being over the limit could actually end up saving your case.
It’s certainly something to bear in mind.
