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How does the presence of alcohol or drugs affect liability and compensation?

The presence of alcohol or drugs in a car accident significantly impacts liability and compensation. Impaired drivers are typically held liable, but under comparative fault rules, victims who share responsibility (e.g., speeding) may see their compensation reduced. Passengers who knowingly ride with a drunk may also be considered partially responsible.

Victims can seek economic damages (medical bills, lost wages, vehicle repairs) and non-economic damages (pain and suffering, emotion distress). Families of deceased victims may file wrongful death claims. Courts may also impose punitive damages to punish reckless behavior, especially for high BAC levels or repeat DUI offenders.

Key evidence such as police reports, BAC tests, medical records, and witness statements, can strengthen a claim. However, insurance companies may challenge payouts by arguing contributory negligence. Additionally, criminal proceedings against the impaired driver may impact the timeline of civil claim but can also support liability findings.

Example: if an impaired driver found 80% at fault, and the injured victim is awarded $200,000, but was 20% at fault, their payout would be $160,000. Courts may also add punitive damage for negligence.

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