4 elements of proving negligence after a DUI accident

On Behalf of | Mar 22, 2017 | Drunk Driving Accidents |

If you have suffered injuries in a car accident caused by a drunk driver, you undoubtedly feel wronged by the situation. Drunk drivers can easily cause considerable harm to your life, and the injuries you suffered likely negatively affected you in a substantial way. In the aftermath of the accident, you may wonder whether filing a legal claim could help you work toward gaining reparations for resulting damages.

In many cases, drunk driving accidents do warrant civil legal claims. In these cases, you must prove that negligence on the part of the other driver resulted in the damages that affected you. Four elements must go into your argument to prove negligence.


The first element to address relates to the legal duty owed to you by the defendant. In car accident cases, the expectation exists that the driver will carry out the duty of operating the vehicle responsibly and with the proper due care.

Breach of duty

The next element involves proving that a breach of duty occurred. This breach may take place if a driver carries out an action that would knowingly put other individuals in harm’s way. Many individuals commonly consider drinking and driving a breach of duty, as an average person would know that such action could potentially result in the injury of someone else.


You must next provide evidence relating to how the driver’s negligence led to your injuries. In many cases, stating that the driver was under the influence may not act as enough evidence. However, if you can show that the driver’s intoxication resulted in his or her running a red light, which then caused the collision that led to your injuries, you may have the ability to bolster your case.


In order to gain monetary reparations for your suffering, the damages must be compensable. These damages could come in the form of medical bills, property damage, lost income, and possibly even pain and suffering experienced due to the accident. Once you have established the damages, the court will decide the amount of the award you could obtain if your case proves successful.

The outcomes of a drunk driving accident can vary, but in many cases, the damages result in life-altering effects. In order to properly address the injuries and other damages you suffered, you may want to ensure that you prepare and organize your case as best as possible. With the assistance of an experienced Florida attorney, you may have a greater chance of creating the most meaningful case.


attorneys Brad Culpepper and Brett J. Kurland