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Is it Negligence if a Personal Injury Victim Was Drunk Driving?

If you searched for and found this article and chances are you sure with alcohol or relates to negligence or accident is relevant. Perhaps you were the driver and you have consumed all and the accident resulted in injury to another. Perhaps the injured party and either you driver of the other vehicle had ingested out. Perhaps you were a passenger in the vehicle, you were injured, and you were aware that the drivers intoxicated.

However you got your the question is interesting from a legal perspective. In Massachusetts have called comparative negligence. It has to do with portion of blame that goes party involved in an accident. So regardless of what you are, the consuming of alcoholism relevant issue.

First to reiterate how comparative negligence works. The total negligence of all parties must be out of by the jury. The jury then assesses the percentage goes party. For example, the plaintiff might be 10% negligent. The defendant may be 90% negligent. Whatever award the jury awards would be reduced by 10% in this hypothetical. When the Plaintiff's negligence it is equal to or greater than that of the defendant, the plaintiff's recovery is bar. That means the plaintiff is nothing in that scenario.

As we talk about the relevance of alcohol consumption in a discussion of the liability allocation, it's remembering that drinking alcohol is generally a social activity. I mean, usually drink together. So, when assessing negligence based on the consumption of alcohol, it must be assessed against all parties involved in all parties and drinking.

Now to answer your question. Is it negligence if the party was drunk driving? Specifically, is negligence per se? Does the plaintiff had anything beyond the fact that his party had been drinking or that it is wrong and then was involved in an accident to assess liability against the party?

As you might guess, although we can picture numerous drinking and driving areas, and we tend to sell the more graphic nature, the fact is, the fact that a party drinking out our operating a vehicle for that party drunk and operating a vehicle, or each year we had the negligence. their pieces of evidence which may be submitted to the jury and the jury may assess set you please. The jury may discount the evidence's relevancy. Or, the jury may assign great weight to said evidence.

The lesson really is that evidence equates to negligence per se in an extremely narrow set of circumstances. in almost every scenario, a piece of evidence, no matter how bad it seems, is still only evidence of negligence. The situation must be viewed in its entirety, that is in the totality of circumstances. Although we naturally have high complex things, with matters of liability, the details are extremely important. If you have a personal injury case, or the attorneys competent handling cases of its nature. Our firm is happy to discuss your case with you in a free case assessment injury attorney consultation.

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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