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The 4 factors to prove negligence in a drunk driving accident

Indiana residents who have been involved in car accidents and wish to file claims or lawsuits need to remember that it must be proved that the at-fault party was negligent. When it comes to proving negligence, there are four specific factors or elements that must be shown in a drunk driving accident. These are discussed below.

Breach of duty must first be proved. All drivers have the obligation to operate their vehicles safely and in accordance with state regulations. In a case in which a driver is operating his or her vehicle while under the influence, he or she has breached his or her legal duty.

Next, there is the element of causation, which simply refers to the actions or inactions of the defendant that caused someone else's injuries. In the case of a drunk driving collision, the driver's intoxication likely led to the accident occurring. For example, the drunk driver, due to his or her intoxicated state, was unable to respond in time to the red light and hit the pedestrian walking across the road.

Last but not least, there is the element of damages. In other words, it must be proved that one was injured and suffered as a result. Damages include things like lost wages, medical bills and mental anguish, as well as physical pain and suffering. Damages can vary from one case to the next, as can the circumstances surrounding the drunk driving accident. Therefore, you may want to consult with an experienced Indiana attorney to see how negligence can be proved in your particular case and which types of damages you can include in your claim. 

Source: FindLaw, "Proving Fault: What is Negligence?", Accessed on Jan. 20, 2016

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