Serious legal problems require immediate intervention from a personal injury attorney who knows how to protect your rights. Don't delay. Contact our firm today to schedule a consultation with an attorney about filing a personal injury claim against a drunk driver.
For Victims of Drunk Driving Accidents
The lawyers of Reybroek Barristers in Toronto represent victims of drunk driving accidents. If you have suffered a serious, permanent injury because of the negligence of another, we will pursue financial compensation on your behalf. To learn more about drunk driving accidents, please review the general information below. To arrange a free initial consultation about your case, please contact our office in Toronto, Ontario.
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If a drunk driver hit and injured you, our personal injury lawyers will help you obtain all the accident benefits and financial compensation you deserve. We understand what you are going through and are here to help. Please contact us to discuss your case. There is no risk and no charge to learn if we can assist you.
Whether you were a driver, a passenger, a pedestrian or a bicyclist, if you were injured in an accident with a drunk driver, you should speak to the experienced personal injury lawyers at Reybroek Barristers. We care about our injury victims. Contact us to arrange a free consultation.
Defenses to Drunk Driving Injury Claims
The defenses to civil drunk driving claims can vary by state and the circumstances of each case. The information provided here will give you a brief overview of some of the defenses that may be claimed. Contact Reybroek Barristers in Toronto, 3200 Dufferin Street, Suite 210 to learn more about the types of defenses that may be used against you. An experienced personal injury attorney can evaluate your claim and help you plan accordingly.
Contributory Negligence
In jurisdictions that recognize contributory negligence, the plaintiff can be barred recovery if his or her own actions contributed in any way to the injuries. Even if the drunk driver is found responsible for 99% of the accident, the plaintiff still will not recover any compensation. Only a minority of jurisdictions follow this rule.
Comparative Negligence
Most jurisdictions have adopted comparative negligence rules over the stricter contributory negligence standard. In these jurisdictions, the damages award is reduced to reflect the plaintiff's proportion of fault for the accident. Thus, if the plaintiff is found to be 20% at fault for the accident, he or she will only collect 80% of the damages. Some states have a hybrid comparative negligence rule in which the plaintiff is barred recovery if his or her own negligence is greater than 50%.
Assumption of the Risk
This defense normally is asserted by defendants when passengers of drunk drivers bring suit. For a defendant to successfully claim the passenger assumed the risk, the defendant must prove that the plaintiff passenger was aware of the risk, understood the nature of the risk and voluntarily chose to assume the risk by riding with the drunk driver. Thus, the passenger had to know the driver was intoxicated at the time he or she got into the car.
Sudden Emergency
In order for a plaintiff to win damages from a drunk driver in a negligence action, the plaintiff must prove that the drunk driver's conduct fell below the standard of care. Intoxication alone may not be enough, depending on the jurisdiction. Consequently, a drunk driver may attempt to show he or she did not breach the standard of care by claiming a sudden emergency caused him or her to act in a way that led to the accident. In order for this defense to be successful, the defendant must show the existence of a true emergency. Also, the defendant must show that he or she acted in the same way that a reasonable person would under similar circumstances. The defendant's own intoxication may not have caused the emergency.
Conclusion
The person responsible for your injuries may claim other defenses than those listed here. It is important to have an experienced attorney review the circumstances of your claim and plan the best strategy for your case. To speak with an attorney about your case, contact Reybroek Barristers in Toronto, 3200 Dufferin Street, Suite 210. He or she can help you prepare the best possible case for recovery of the damages you suffered in a drunk driving accident.
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