Every day the number of alcohol tests on Spanish roads is increasing. Alcohol is one of the highest risk factors for traffic accidents and therefore the DGT tries to combat it throughout the year and reinforcing it in the Christmas, Easter and summer campaigns. Still, the biggest reason for accidents today is binge drinking, taking many lives with it.
Breathalyzer accident compensation
Mainly at night, traffic accidents are more common, not only due to lack of vision in the dark but because it is more common for the driver to be under the influence of alcohol.
Although the driver is not aware and has the sensation of controlling the situation, it is a fact that the reflexes are weakened when drinking alcohol, as well as the feeling of risk and the ability to react is reduced, so the chances of collision increase.
Once a collision occurs, the civil guard goes to the scene of the accident with the vehicle of attestations to proceed to carry out the part of the accident, as well as to carry out the breathalyzer and drug test that will determine if any of those involved has a higher rate of alcohol than permitted by law.
Cases of traffic accidents with alcohol
There are three assumptions in road alcohol claims. Depending on each case, you have the right to request compensation or the obligation to pay compensation for what happened.
If the driver of the accident exceeds the alcohol rate and has suffered injuries, he may request compensation only and exclusively if the other party to the accident is also drunk. Otherwise, if he is solely responsible, he will not be entitled to compensation for physical or material damage.
Vehicle occupants with drunk driver
The occupants of the vehicle will be entitled in all cases to receive financial compensation for damages. It does not matter if the fault of the accident is the driver of your car or the other car, at all times the insurance of the person in charge in a drunken state must pay the corresponding compensation to all those occupants who have suffered an injury in the accident
Driver without intoxication
If the driver does not exceed the blood alcohol level, the blame passes directly to the opposite if he is intoxicated. In that case, the innocent driver is entitled to compensation for both physical and material damage.
At Audacia Abogados we have extensive experience in cases related to collisions caused by alcohol. Our professionals will manage all the necessary procedures from the moment of the accident until you receive the maximum compensation based on your case. Do not hesitate and request information without obligation so that we can guide you and help you earn what is rightfully yours.