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Proving liability in a Connecticut drunk driving accident

Although driving under the influence is against the law, many Connecticut residents overestimate their ability to drive in these situations and cause accidents. An injury or fatality caused by a drunk driver can have serious consequences for all involved. A DUI is typically a misdemeanor, but when it causes serious injury or death, the charge is often elevated to a felony. Victims of drunk driving can often claim financial compensation in a civil suit if they can prove the driver's negligence.

In order to receive compensation in a personal injury or wrongful death claim, there must be sufficient proof that the motorist was liable for the victim's injuries or death. This is first established by determining the motorist's blood alcohol content. The legal limit is 0.08 for those age 21 and older. Underage drinkers - those under age 21- have a set limit of 0.02. For those who operate semi-trucks or other commercial vehicles, the legal limit is 0.04. If the motorist's BAC exceeds the limit, then he or she can be considered driving under the influence.

However, just because the motorist was under the influence does not necessarily mean that he or she caused the accident and subsequent injuries. It must also be shown that the motorist did not exercise reasonable care while driving and that this breach of duty caused the accident. Witness reports, police reports and expert opinions can all help prove this point.

There are legal options for those injured or killed in a drunk driving accident. An experienced lawyer can help prove liability and assist victims in receiving compensation for the damages they suffered.

Source: FindLaw, "Drunk Driving Accidents," Feb. 15, 2015

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