Additional traffic violations certainly do not help a drunk driver’s situation. If they were speeding, running through red lights or stop signs, or going in the wrong direction on the road, this demonstrates that they were impaired and not in the proper condition to drive. However, there are some complexities in civil lawsuits related to various kinds of car accidents.
Woman driving the wrong way on highway I-94 seriously injured
A drunk driver traveling in the wrong direction on the highway caused several life threatening injuries in Minneapolis.
The Minnesota State Patrol found that a 25 year old female driver was heading north while on the southbound lanes of I-94 at approximately 2 am. Near the Dowling Ave exit in Minneapolis, the drunken woman’s Kia Optima struck another vehicle head on. The police found evidence of alcohol consumption at the scene of the accident.
Three people including the intoxicated woman, her passenger, and the man driving the vehicle that she struck were all taken to North Memorial Hospital with serious injuries. The suspect and her passenger were not wearing seatbelts, which may have aggravated their injuries.
Law enforcement was still conducting an investigation at the time of the accident report.
Does driving in the wrong direction conclusively prove fault?
After this kind of a situation, the fact that the driver was going in the wrong direction is one way of demonstrating negligence. Negligence means that one person breached the normal standard of care expected of all drivers on the road and caused injuries to other people. Traffic violations are generally considered to be strong proof that someone has breached their duty of care on the roads.
During an accident trial, traffic offenses will normally create a presumption that the driver was negligent unless there is some other kind of mitigating evidence to explain their improper conduct on the roads. In other words, it will be difficult for a defendant driver to find justification for driving in the wrong direction on any road, and the fact that alcohol was involved makes the situation look even worse. However, like most legal issues, there is usually not a clear cut answer as to how each individual case will resolve.
Despite the fact that this case looks favorable to a plaintiff, it is still important to retain the services of an experienced accident lawyer. There are always going to be skilled attorneys on the defense side as well, and some of them specialize in defending drunk drivers and they know the local DUI laws very well. Certain forms of evidence like roadside sobriety tests and even breath samples can get excluded from the trial if the police officers did not follow the proper procedures to obtain this evidence. Defense attorneys know this all too well and a plaintiff needs to be prepared to hire a lawyer who will be an aggressive advocate.
Get advice from a local accident lawyer
Victims of drunk drivers in the Minneapolis area can contact The Law Office of Martin T. Montilino for help. Free case evaluations are available and clients will receive personalized advice and help based on the information that they provide.