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Who Should Be Named in Your Columbia Car Accident Lawsuit?

July 2, 2021

Most of us will be involved in a motor vehicle accident at some point in our lives. Thankfully, most of these will be minor. You’ll walk away with a few bumps and bruises. Other times, accident victims are not so lucky. There are people, especially those involved in drunk driving crashes, who are lucky to walk again after their accident. Columbia car accident lawyers represent all kinds of accident victims. Whether you suffered nothing more than whiplash or broke your neck, we’re here to help.

The reason it’s important to meet with a skilled Columbia car accident lawyer right away is so that your case is handled properly. From the moment you file your insurance claim, every little thing you do can impact your case. If you forget to submit a document or fail to substantiate the amount of your claim, it’ll be denied. You’ll have to appeal your claim and, more than likely, file suit. Rather than try to handle this on your own, you should have a skilled attorney by your side.

Your Columbia Car Accident Lawyer May Have to Sue Multiple Parties

Car accident lawsuits get tricky when you need to involve more than one defendant. If there was more than one other car involved, you’ll have to name both drivers in your complaint. If the defendant was drunk at the time of the crash, you need to find out where they were drinking.

If they were at a bar or restaurant prior to the crash, then your Columbia car accident lawyer may need to name that establishment in your lawsuit. If this is the case, your case will become a lot more complicated than it already was. Whether or not this third party is liable for any or all of your damages depends on the facts of the case.

Your Columbia car accident lawyer will need to look at the following:

  • Was the driver intoxicated when they left the bar or restaurant?
  • Should the owner or manager of the bar have noticed the defendant was too drunk to drive?
  • Did the restaurant or bar overserve the other driver?
  • What was the defendant’s blood alcohol concentration at the time of the accident?

These are the sort of questions your Columbia car accident lawyer will need to ask in order to properly handle your case. As long as the other driver had valid insurance at the time of the crash, there’s no good reason why your claim shouldn’t be paid. If the claim is denied, or the defendant doesn’t have insurance, you’ll need to look elsewhere to be compensated. As far as you’re concerned, you don’t care who pays your damages as long as you aren’t left holding the bag.

Was the Defendant Drunk at the Time of the Crash?

In order to pursue a legal claim against the other driver, you need to prove fault. This means that your Columbia car accident lawyer needs to prove negligence. When it comes to a DUI crash, this isn’t all that hard to do. Your attorney is going to need to demonstrate the following:

  • The defendant owed you a duty of care
  • They breached this duty
  • You were hurt
  • Your injuries were caused by the defendant’s breach

When it comes to most car accidents, it’s not hard to show a duty of care existed. All drivers owe a certain duty of care to other motorists on the road. At a minimum, the other driver is expected to obey all the traffic laws.

If someone is drunk at the time of the accident, they have clearly breached their duty of care. At this point, all your Columbia car accident lawyer should have to do is prove your damages. It won’t be difficult to prove fault, especially if the defendant has been charged and convicted of DUI already.

Ideally, Your Case Will Be Settled

The good news is that there’s a good chance your Columbia car accident lawyer will settle your case long before trial. If that’s the case, you won’t need to worry about filing a suit against multiple parties. More than 95% of all car accident lawsuits settle long before trial. There’s no reason to think your case will be any different.

Talk to One of Our Columbia Car Accident Lawyers Today

If you or your loved one are injured in a drunk driving accident, you need help. You have a right to sue the other driver for damages. You may also need to pursue other parties. Rather than risk handling this yourself, call and talk to one of our seasoned Columbia car accident lawyers.