Proving fault in a motor vehicle accident is the primary way in which liability is determined, which is the deciding factor in who recovers compensation in the event of a crash. There are many ways to establish fault, but the most effective way is to prove that one or more of the other drivers in the accident were negligent. Such negligence can be determined through eyewitness testimony, police reports and more.
Some accidents are nearly always considered to be the fault of one driver in particular; these include instances like rear-end accidents and left-turn collisions. In nearly every instance, this also includes accidents in which one of the drivers was intoxicated. If you can prove that a driver was drunk at the time of the accident, then it is almost guaranteed that he or she will be held responsible.
What this means is that in most instances you do not have to prove that the other driver was at fault if he or she was drunk, but you may have to prove that he or she was drunk depending on the circumstances. Additionally, the doctrine of comparative negligence may reduce compensation recovered if you are determined to be at fault in some way as well. You may also have to prove that you were not at fault in the accident in order to recover the maximum amount of compensation.
There is a belief among some people that simply because another driver was drunk at the time of the accident, the victim is guaranteed to recover compensation. While it is true that intoxication increases the chances of a successful claim, there is still work to be done if victims wish to receive the maximum amount of compensation they deserve. If you have been involved in a drunk driving accident or any kind of car accident in Tennessee, consider meeting with an attorney to help you with your personal injury claim.