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Will a Drunk Driver Be Automatically Considered Negligent After a Crash?

Will a Drunk Driver Be Automatically Considered Negligent After a Crash?

MINNEAPOLIS, Minnesota. According to Mothers Against Drunk Driving, there are approximately 93 drunk driving-related deaths each year in the state of Minnesota. These numbers don’t begin to account for the many more people who are injured in drunk driving-related crashes. According to the New York Times, New Year’s Day is the most deadly holiday to be on the road. Approximately half of all accidents that occur on this day involve drunk driving. So, if you’ve been in a crash on New Year’s Day, there’s a good chance that alcohol might have been involved. But what does this mean when it comes to determining negligence and neglect?

When drivers get behind the wheel, they have certain duties of care to other drivers and road users. For example, they have a responsibility to obey the rules of the road, which includes driving sober. While drunk driving might not automatically result in another driver being found negligent for a crash, drunk driving is often a factor that will be considered when determining which driver was negligent for a crash. Generally, if the other driver was drunk, and you were hurt in an accident, you may have the right to seek damages for your medical bills, lost wages, and pain and suffering damages.

So, what can you do after a crash on New Year’s Day or New Year’s Eve to protect your rights? First, make sure to call the police at the scene of a crash. The police have the authority to require both drivers to submit to breath or blood tests to determine whether alcohol may have been a factor in the crash. A person’s BAC can drop over time, so it is important that police arrive at the scene of the crash and test both drivers as soon as possible. If both drivers were drunk or drinking, then both drivers might find themselves facing drunk driving consequences. If an accident involves more than $1000 in property damage, personal injury, or death, drivers are required to report the accident to the state, according to the Minneapolis Police Department. Because even minor accidents can result in injuries like whiplash or mild traumatic brain injury, victims might want to report all crashes that take place. Don’t make assumptions at the scene of an accident.

If another driver was drinking, his or her insurance company may be responsible for paying your medical expenses, lost wages, and pain and suffering damages. The other driver may also be responsible for paying for your damages out of pocket, if insurance doesn’t cover all your losses. If you have been injured or if your property was damaged due to a drunk driver, consider speaking to the Law Office of Martin T. Montilino, a car accident lawyer in Minneapolis, Minnesota. Our firm can review police reports, speak to insurance adjusters, and fight to help you receive the best possible settlement permitted under the law. Visit us at https://martinmontilino.com/ to learn more.


THE LAW OFFICE OF MARTIN T. MONTILINO, LLC
3109 Hennepin Avenue South
Minneapolis, MN 55408
Phone: (612) 236-1320

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    The Law Office Of Martin T. Montilino, LLC
      
    3109 Hennepin Avenue South
    Minneapolis, MN 55408
      
    Phone: (612) 236-1320
    Email: martin@uptownlawyer.com

      

    The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.

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    If you have been injured in an accident due to negligence and are seeking services from an experienced personal injury attorney in Minneapolis MN, you’ve come to the right place.

    Our law firm has been successfully assisting injured clients for nearly two decades. Our negligence cases include automobile accidents, dog bites, slip and fall, and other injury situations.

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