While having a few drinks is not a crime, it can lead to dangerous situations. The more intoxicated a person is, the more impaired their judgment and senses are. In short, it can be easy to get into a serious accident if you are severely intoxicated. However, even an intoxicated person might be injured due to someone else’s negligence. If you were intoxicated when you were injured, can you still sue?
Nothing is stopping you from filing a lawsuit for an injury you sustained while intoxicated. Just remember, your intoxication could be used against you, depending on the circumstances. Voluntary intoxication, like having a few too many drinks with friends at a bar, could undermine your case. Defendants might argue that your actions in your inebriated state contributed to the accident. However, involuntary intoxication, like if you were drugged at a bar, might help your case. Not only were you injured, but someone caused you to become intoxicated and more vulnerable without your consent.
Contact our Maryland personal injury lawyers at Rice, Murtha & Psoras to get a free initial case review by calling (410) 694-7291.
Can You Sue for Injuries You Sustained While Intoxicated?
It is already difficult enough to prove legal claims related to accidents and injuries, but it becomes even harder when alcohol or controlled substances are involved. Your intoxication might have a different impact on your case, depending on whether you became intoxicated voluntarily or not. Generally, it is harder to sue for injuries you sustained while voluntarily intoxicated than it would be if you were involuntarily intoxicated.
Voluntary intoxication is when someone becomes inebriated because they knowingly and willingly consume alcohol or mind-altering controlled substances. While becoming voluntarily intoxicated is not necessarily a crime, there are risks involved, and courts might determine that you assumed those risks before imbibing.
For example, suppose you had too much to drink and accidentally walked into a crosswalk before the light turned. Next, suppose you were hit by a car and badly hurt. You can try to sue the driver for hitting you, but they may argue that your voluntary intoxication is the primary cause of your injuries. Had you not willingly become inebriated, you might not have gone into the street.
Involuntary intoxication is different and tends to raise other concerns. A person may become involuntarily intoxicated if they are drugged or consume something without realizing it has mind-altering properties. In such cases, it might be easier to prove your claims for damages, even if they are directly connected to your level of intoxication.
Take the example from before. Suppose when you walked into the street, you were intoxicated because someone secretly slipped drugs into your drink at a bar. Not only could you sue the driver who hit you (if they were negligent), but our Ocean City, MD personal injury attorneys could also help you sue the person who drugged you.
How Your Intoxication Might Be Used Against You if You Sue for Injuries
As described above, voluntary intoxication makes injury lawsuits somewhat difficult, especially if the plaintiff’s injuries are somehow connected to their intoxication. When people are intoxicated, their judgment, reflexes, and overall thinking are clouded, and they may be more likely to engage in risky behavior. For example, if you were hit by a car when you crossed the street, was it because the driver was speeding or because you failed to notice the lighted signal indicating pedestrians to stop? If you were intoxicated, it might be the latter.
A good way to determine whether your voluntary intoxication may be used against you is to ask yourself if the accident would have happened if you were in the same situation but sober. If the accident is truly and entirely the defendant’s fault, your intoxication, voluntary or not, might not mean much. However, if the accident was a direct result of your intoxication, you might have a hard time suing for damages.
Does it Matter if I Was Intoxicated When I Was Injured?
Talk to your lawyer about when, how, and where you were injured. Even if you were intoxicated, it might not matter much if the defendant is entirely responsible. To prove your claims, we need to show how the defendant was negligent and how their negligence is the direct and proximate cause of your injuries. If their negligence and your intoxication do not overlap, you might be able to sue them successfully.
For example, suppose you were injured in a car accident while you were intoxicated. Next, suppose you were not one of the drivers but a passenger. Since you were not driving, your intoxication has nothing to do with what caused the accident, and it should not hinder you from suing. However, if you were the driver, it might mean everything. Even if the other driver was negligent, the fact that you were intoxicated while driving might prevent you from recovering damages.
Intoxication and Comparative Negligence in Injury Lawsuits
If a plaintiff were intoxicated when they were injured, the defendant would likely make some arguments based on laws of comparative negligence. These laws vary by state, but they usually govern how to determine fault and damages if the plaintiff is also somewhat responsible for their injuries.
Many states follow a modified comparative rule. In short, this rule requires that plaintiffs be barred from recovering any damages if their share of the blame is 50% or more. Depending on how your accident happened, a defendant might argue that you are more than 50% responsible because you were intoxicated.
Comparative negligence laws may differ across states, and you should ask your attorney about the laws in your state. Some states have much stricter rules, while others are more relaxed. However, in almost any state, voluntary intoxication might work against you in a comparative negligence argument.
Speak to Our Rice Personal Injury Attorneys for Help Today
Contact our Baltimore personal injury lawyers at Rice, Murtha & Psoras to get a free initial case review by calling (410) 694-7291.