Using Comparative Negligence In A Dual-Drunk Driving Personal Injury Lawsuit

30 June 2018
 Categories: Law, Blog

When car crashes happen, personal injuries are almost always going to occur. The situation gets even more complex, though, if not just one but both people in the accident were drunk or under the influence. In this situation, you need to talk to your personal injury lawyer about comparative negligence if you want to avoid serious financial difficulties.

Dual-Drunk Driving Accidents Can Happen

One of the stranger incidents that can occur on the road is a dual-drunk driving accident. This occurs when both drivers in a car accident are drunk or under the influence of alcohol when they are driving. When it happens, it creates a very strange legal battle that can be hard to understand.

That's because both people were breaking the law and could be considered negligent or liable for the accident. However, there is a way to defend this kind of lawsuit when it comes to court. The concept of comparative negligence is so important here because it can decide who wins and who loses.

Comparative Negligence May Save You

In a dual-drunk driving situation, both drivers are considered at fault and may both be trying to get money in a personal injury lawsuit. When this situation occurs, comparative negligence is used to decide who gets the most money in the case and who gets the least. That's because comparative negligence argues that while both are negligent, both are also due money due to the negligence of the other driver.

An Example Of How You Might Avoid Serious Financial Loss

Comparative negligence may be difficult for some people to understand at first. In essence, it is arguing that both people contributed to the personal injury in some way. However, it claims that one person was more negligent than the other and, therefore, more liable for the accident. For example, if one driver was more drunk than the other or if they were driving faster, the court may say they were more negligent.

In this instance, the cash in the settlement would be split up depending on the person who was more negligent. For example, if the courts decide that a person was 70 percent responsible for the crash, they would receive 30 percent of the settlement money while the other person, even though they were drunk at the time, would get 70 percent.

If you are still confused by comparative negligence or simply need legal help at this difficult time, please don't hesitate to reach out to a personal injury lawyer. These professionals can give you the help you need to get the most you can out of these situations.