Answer By law4u team
When a drunk driver is involved in an accident, they may wonder if they can still claim compensation for their injuries. While intoxication can significantly affect their ability to receive compensation, there are situations where they might still be eligible for some level of compensation, particularly if another party was at fault. Understanding how the law handles such claims, as well as the implications of contributory negligence, is crucial.
Can a Drunk Driver Claim Compensation for Injuries?
Right to Compensation Despite Intoxication:
A drunk driver may still have the legal right to claim compensation for their injuries, especially if the accident was caused by the negligence of another party. For example, if another driver was at fault, the intoxicated driver might be able to claim compensation from the at-fault party’s insurance.
Contributory Negligence and Its Impact:
In many jurisdictions, a drunk driver’s ability to claim compensation may be impacted by the concept of contributory negligence. If the intoxicated driver’s actions (e.g., driving under the influence) directly contributed to the accident, they may be partially or fully responsible for their injuries, reducing or even eliminating their compensation.
Claiming Through Their Own Insurance:
If the drunk driver was involved in a single-vehicle accident, they might still be able to claim compensation for their injuries through their own insurance policy, such as personal injury protection (PIP) or uninsured motorist coverage, depending on the jurisdiction.
Exclusion of Compensation Due to Criminal Behavior:
Some insurance policies have clauses that exclude compensation if the driver was engaged in illegal activities, such as driving under the influence of alcohol or drugs. In such cases, the driver may be unable to claim compensation from their own insurance or from the at-fault party’s insurance.
State-Specific Laws and No-Fault Insurance:
In no-fault insurance states or countries, a drunk driver might be entitled to compensation for their injuries regardless of fault, but they might still face deductions or reduced compensation based on their intoxication level.
Potential for Reduced Damages in Court:
Even if a drunk driver can claim compensation in a personal injury lawsuit, their intoxication may be considered a mitigating factor, leading to reduced damages. Courts may reduce or deny compensation based on the level of negligence associated with driving under the influence.
Steps to Take After an Accident as a Drunk Driver
Seek Medical Attention:
As with any accident, the first priority is to seek medical treatment for any injuries. Medical records will be important if you plan to pursue an injury claim.
Report the Accident:
The accident must be reported to the authorities, and a police report will likely be created. The report may mention the intoxication of the driver, which could influence the legal proceedings and insurance claims.
Document the Incident:
While the drunk driver might not be in the best position to do so at the time, it’s important to collect evidence from the scene, such as photos of the vehicles, witness statements, and any available video footage.
Consult an Attorney:
A drunk driver should seek legal advice immediately. An experienced personal injury lawyer can help assess whether the driver has a valid claim for compensation and what their chances of success are in light of their intoxication.
Legal Actions and Protections
Claim Through Insurance:
If the accident was caused by another driver’s negligence, the drunk driver may still be able to claim compensation for their injuries through the at-fault driver’s liability insurance. However, if the drunk driver is found to have significantly contributed to the accident, they might receive reduced compensation.
Personal Injury Protection (PIP):
In jurisdictions with no-fault insurance laws, a drunk driver might be able to claim compensation for their injuries through their own insurance policy (PIP or medical payments coverage). However, if the drunk driving was deemed grossly negligent, the driver’s claim may be reduced or denied.
File a Lawsuit:
If an at-fault party was involved and the drunk driver decides to pursue a personal injury lawsuit, the court may reduce or deny damages based on the degree of negligence involved, especially if the driver’s intoxication played a significant role in the accident.
Exclusion of Damages Due to Criminal Activity:
Some insurance policies or local laws may explicitly exclude coverage for accidents involving criminal behavior (such as driving under the influence). In these cases, the drunk driver may be unable to claim any compensation.
Example
Suppose a drunk driver runs a red light and collides with another vehicle. In this case:
- The drunk driver may still be entitled to claim compensation for their injuries if the accident was partially caused by the other driver’s negligence.
- However, their compensation could be reduced due to their own contributory negligence in driving under the influence.
- If the drunk driver was not at fault for the accident, they may still file a claim with the at-fault driver’s insurance.
- In some jurisdictions, the driver may face difficulty claiming compensation due to exclusions in their insurance policy or state-specific laws that penalize drunk drivers.
