Being in an accident can be a trying time, but being in an accident with a drunk driver can be even more troubling. Drunk driving accidents tend to be more severe than accidents in which both parties are sober; meaning you might not just be stuck with vehicular damages, but injuries as well. While driving while intoxicated is certainly illegal and is a huge assumption of risk on the part of the drunk driver, in many states, it doesn’t automatically make them at fault for the accident. While it does carry its own set of consequences including fines and potential jail time, the drunk driving is just considered a factor in the accident, and the insurance companies will generally still investigate how the accident occurred and assign negligence. The drunk driver may retain a drunk driving accident attorney in West Des Moines, IA to help with the criminal charges.
Iowa falls under modified comparative fault law. This means that the person who is determined to be liable for 51% or more of the damages cannot pursue the other party for damages. They can still collect from their own carrier, but their carrier cannot recover the loss by pursuing the other party. While in most cases the drunk driver will likely be found majority at fault, there are rare cases where they might not be. This liability decision can also play a role in being able to pursue medical damages as well.
If you were involved in a drunk driving accident, you should seek out a drunk driving accident attorney in West Des Moines, IA immediately, as they will be able to help properly defend your case and pursue damages sustained in the accident.
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