A drunk person could definitely sue for a drunk and slip accident, but they would need to prove that their intoxication did not cause the unfortunate incident. The injury would also have to be severe enough to warrant a lawsuit. That’s why it is important to talk to a relevant lawyer, such as a truck accident lawyer in South Carolina before proceeding to court with this matter.
Still, proving guilt can be difficult. For example, if a plaintiff consumed too much alcohol and slipped and fell, the establishment may not be held liable.
What Happens if the Accident Happens in a Bar?
In this situation, the liability is determined by how much the staff knew about the complainant’s intoxication level prior to the incident. The bar should also have a policy against serving alcohol to people who are too intoxicated. These policies should be posted where they are visible to all employees and customers. So, if the establishment is aware that a customer has been drinking excessively and continues to serve them alcohol, it could be held liable.
What Is The Legal Limit To Be Considered Intoxicated?
If your BAC level is above 0.08% of alcohol per 100ml of blood, then you are intoxicated. However, it must be proved that you were above the legal limit at the time of the accident. And that can be hard to prove, especially if the blood sample was taken several hours after the incident.
It is also worth noting that substances like medicines with side effects like drowsiness and sleepiness can cause intoxication. These kinds of substances are called “sedative-hypnotics.”
Many drunk people may not realize that they are intoxicated because their judgment is impaired. This means they could still think they’re capable of driving, deciding, or functioning normally in society when they’re really not.
What if I Am Not Seriously Injured?
If you are not seriously injured, your case can be harder to win. This is because of a legal rule called contributory negligence. This rule says that intoxication can nullify your responsibility for an accident. But you cannot collect any damages if you are partly responsible. Still, the law makes exceptions for severe injuries that are not caused by your recklessness.
If your case is threatened by contributory negligence, you need to prove that the accident was caused by carelessness. For example, if you got a few drinks from a bar then still caused an accident soon after leaving, the establishment could be held liable.
What if Someone Was Under The Influence Of Drugs?
If you are injured due to someone else’s intoxication, you can sue for personal injury. This remains true even if the defendant was not really drunk, but they couldn’t control their behavior. That’s because intoxication can be a result of substances other than alcohol.
In this case, the person can be charged with driving under the influence of drugs. However, these cases are more complicated and usually require an expert to prove the DUI charge.
What if You Are Involved in a Drunk Driving Case?
If you were falsely accused of driving under the influence of alcohol, drugs, or a combination of both, stay calm and document everything that could prove your innocence. And since DUI and intoxication are extremely complicated, it’s best to go with an attorney with a proven track record of winning similar cases.
Ideally, you should go for a lawyer who specializes in fighting drunk driving charges in your jurisdiction. They understand the complex laws involved and know how to find the evidence you need to prove your innocence.
In general, determining whether someone is intoxicated or not can be difficult. It’s important to know the definition of intoxication and how it differs from being drunk because different laws apply to each situation. And, the judge will base their decision on the level of injuries involved and how the accident happened. For example, if you are severely injured due to another person’s drunkenness but don’t meet a certain legal threshold, your case might get dismissed using contributory negligence even though you’re still hurt. That means you will have to pay your medical bills and find a way to deal with the downtime.
If you’ve been charged with drinking under the influence and want to fight back against false accusations, contact an attorney who has experience fighting these types of cases. They will help determine what definitions best fit your situation so they can plan a solid defense strategy.
