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Drunk Driving Accidents (and other 'outside factors' that can affect negligence)...
Drunk driving accidents are, unfortunately, quite common. Drinking affects the brain and impairs the driver. They're completely unable to uphold their duty of care. This isn’t the only outside factor able to sway your personal injury case decision in your favor, but it's a big one.
Outside factors, like drunk driving, are things that didn’t directly cause the accident but contributed to, and prove, negligence. This means that the accident may have been caused by the driver speeding, failing to signal or running a stop sign. The drunkenness is incidental, but highly relevant.
Because of this, when an accident involves drunk driving, the drinking is generally considered an intangible. Even if there's no charge of drunk driving, it's important to bring up anything alluding to the driver drinking. For example, smelling alcohol on the driver's breath or seeing empty bottles in the car. Documenting and referencing these points can help your case.
Aside from drunk driving accidents, cell phone accidents are increasingly common. If the other driver was talking on a cell phone when the car accident happened, you're also very likely to win a quick personal injury settlement.
Cell phones have been proven to cause accidents by distracting the driver. Famous studies have shown that cell phones are responsible for the same amount of accidents as drunk driving. Mention this to the insurance adjuster and they'll know you have a strong case, but will still put up a fight.
There are also studies claiming that cell phones cause very few accidents. Those studies, however, are quite easily debunked. Before talking with the adjuster about this factor, research both sides so you know what to say. The study most likely to be used to counter your claim says that only a small percentage of accidents in North Carolina were caused by cell phone use. The study involves statictics from the 1990's and doesn’t show the number of actual cell phone users in North Carolina at that time.
When drunk driving accidents occur a law has clearly been broken and charges will usually be made against the driver. That indictment alone should have the insurance adjuster hurrying to make an offer.
With cell phone use it isn’t that easy because most states don’t have laws against using them while driving. Without the element of a broken law and resulting charges, it may be more difficult to prove the driver's use of the cell phone contributed to the accident.
This will come down to your word against theirs, but that’s okay. If you're sure you're right, then make sure the adjuster realizes that if your claim goes to court, you will demand the other driver's cell phone records. This will prove your case.
If these types of factors apply to your case, make sure to stress them in your demand letter. Drunk driving accidents are so common that the mere mention of the word 'drunk' will do most of the job for you. With cell phone use, reference at least one study. This will show the insurance adjuster you know what you’re talking about and that your argument is solid.
Still have questions about drunk driving accidents, or other 'outside factors'? Click Here.
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