Potential Defenses for DUI With Injury Charges

When an accident results in someone being injured, the next step for many people is to figure out who is at fault. This determination can influence insurance settlements, personal injury claims, and criminal charges. If one driver at the scene appears to be under the influence or took a breathalyzer that showed there was alcohol in their system, the accident may be automatically classified as a DUI accident. Many people then assume that the driver’s impairment was the direct cause of the accident. However, that’s not always the case.

Let’s discuss other factors unrelated to impairment that could be the true cause of the accident. Proving that these other factors were at play can significantly benefit your DUI with injury defense.

1. Inclement Weather

Sober drivers can corroborate that it’s difficult to drive in bad weather. Heavy rains make it hard for drivers to see out of their windshields and side windows, especially at night. Rain can also hinder a driver’s ability to notice obstacles on the road.

Wet pavement can also pose a risk for hydroplaning, which is when a driver loses control of their vehicle as the wheels spin rapidly with no traction.

All types of inclement weather can pose risks for drivers, whether they are sober or intoxicated.

2. Injured Party Liability

When someone leaves an accident injured, it’s easy to assume that they were the victim hit by a reckless driver. In other words, it’s easy to assume that the injured party is not liable for the crash. However, just because they are injured does not mean they didn’t play a role in the accident. The injured party may have been driving recklessly or negligently, which led to the collision.

Perhaps they:

  • Drove too close to the other driver
  • Didn’t use their turn signals to indicate where they were going
  • Pulled out in front of the other driver
  • Were speeding
  • Drove distracted

Any of these factors could be the true cause of the accident. But, this is often forgotten when the other driver shows signs of impairment.

Defending Against DUI Causing Injury Charges

If you have recently been charged with DUI causing injury, you need to take immediate action on your defense. You can do this by proving that the actual cause of the accident was not your impairment or that the evidence being used against you is inaccurate. Either way, you must work with an experienced DUI defense attorney on your case.

Mt. Pleasant DUI Defense Attorney

Attorney Joe Good has handled a wide variety of DUI cases in the Mount Pleasant and Charleston areas. He values the attorney-client relationship and works to be as accessible and comforting as possible during this difficult time in your life. If you’ve recently been charged with DUI, contact Joe Good, Attorney at Law at 843-412-1401.