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Drunk driving and when you can make a claim for compensation

Drunk driving accidents can be very serious, with some causing permanent disabilities or deaths. A driver who is caught driving under the influence of drugs or alcohol will be arrested and penalized for those actions, but if you've lost a loved one or been hurt in the accident, no penalties or punishments will seem like enough.

While you can file a claim to seek out compensation against the driver who caused the accident, there are some legal issues surrounding your case. For example, after an accident, both parties may be subjected to blood alcohol concentration testing, because police have a reasonable suspicion that a law may have broken that then resulted in the crash. If the driver couldn't pass field sobriety testing or failed a BAC test, then he or she may be arrested or detained.

If the driver doesn't have a BAC over the legal limit, that doesn't mean he or she isn't at fault for your crash. Other mistakes may have been made or if the driver is close to the legal limit, he or she may have been influenced by drugs or alcohol in his or her system. This is still worth pursuing with the help of your attorney, because you deserve to be compensated when you're hurt because of someone else's poor decisions.

If you're a victim of a drunk driving accident and do have proof that the driver was intoxicated, then you have a good chance of winning your civil lawsuit for compensation. You could also pursue a wrongful death claim if you lost a loved one in the same accident.

Source: FindLaw, "Drunk Driving Accidents," accessed June 03, 2016

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