Being in a car crash is always a distressing event, but it becomes even more complicated and upsetting when it’s caused by a drunk driver or someone without insurance. Those who experience such accidents often endure significant physical, emotional, and financial challenges, leaving them unsure about their legal rights and how to pursue justice and compensation.
In this article, we’ll examine the legal options for victims involved in accidents related to DUI (driving under the influence) and incidents with uninsured drivers. We’ll explore the potential legal repercussions for impaired drivers, emphasize the importance of having sufficient insurance coverage, and outline the steps victims can take to safeguard their interests and seek fair compensation.
Investigating the Accident
When someone has been hit by a drunk driver, a skilled legal professional will conduct an exhaustive investigation into the incident. This involves collecting crucial evidence like police records, video surveillance, eyewitness accounts, toxicology reports confirming the driver’s intoxication levels, and any other relevant materials. Assembling this evidence is crucial for demonstrating the drunk driver’s culpability and the negligent actions that led to the accident.
Dealing with Insurance Companies
Whether dealing with your insurer or the impaired driver’s provider, having legal representation levels the playing field. Insurance companies are notorious for making lowball settlement offers to minimize their payouts. A hit by a drunk driver lawyer will handle all communication and negotiate for a fair settlement that covers the true costs of your injuries.
If the at-fault driver is uninsured or lacks sufficient coverage, an attorney can help you access your own uninsured/underinsured motorist policy. They can also advise on other avenues for compensation, such as filing against a third party like a bar or restaurant that may have over-served the drunk driver.
Documenting Damages
Quantifying the full extent of damages from a DUI crash is complicated. Beyond medical expenses, you may have future costs like ongoing treatment, lost earning potential, home modifications for disabilities, and non-economic damages like pain and suffering. An experienced accident lawyer understands how to accurately calculate and document all damages.
Litigating in Civil Court
If settlement negotiations with the insurance company are unsuccessful, your lawyer can file a personal injury lawsuit and take your case to civil court. They will represent you at trial and fight for the maximum compensation you deserve from the drunk driver and/or their insurer.
Comparative Negligence Complications
In some DUI cases, the defendant may attempt to argue that the victim was partially at fault, such as a passenger who got into a car with a visibly drunk driver. This can reduce recoverable damages under comparative negligence laws.
A skilled attorney knows how to overcome these tactics and dismiss allegations of comparative negligence wherever possible. They work to maximize your financial award.
Exemplary Damages for Punitive Purposes
While most damages aim to compensate victims for their economic and non-economic losses, some states also allow for exemplary or punitive damages in egregious DUI cases. These are extra damages awarded to punish the drunk driver for their wanton disregard for public safety and deter similar conduct.
A lawyer can make a strong case for why punitive damages are warranted given the life-altering consequences of your DUI accident injuries. These damages can result in a significantly higher overall award.
Guidance and Support
On top of vigorous legal advocacy, a compassionate DUI accident lawyer provides invaluable guidance during an incredibly challenging time. They recommend trustworthy medical providers who can document the full scope of your injuries. They offer advice on navigating short and long-term treatment plans. Their legal team is there to address your family’s questions and concerns throughout the process.
What If the Drunk Driver is Uninsured?
The scenario becomes even more complex when the at-fault DUI driver lacks adequate car insurance coverage or is uninsured altogether. According to recent data from the Insurance Research Council, around 13% of motorists drive without insurance, despite laws requiring minimum coverage in most states.
If you are injured by an uninsured or underinsured drunk driver, maximizing your compensation will likely require filing a claim with your insurer for uninsured/underinsured motorist coverage. This is why carrying robust uninsured motorist protection on your policy is so vital.
Your accident attorney can review your policy, ensure your claim is filed properly, and take over negotiations with your insurance provider. If they fail to pay what you are owed, your lawyer can file a lawsuit and represent you in court.
Other Options
Apart from insurance claims, you may have another option for recovering damages in a DUI crash with an uninsured motorist. If the impaired driver was over-served at a bar, restaurant, or social host before taking the wheel, those establishments could potentially be held liable via dram shop or social host liability laws.
Your lawyer can assess whether filing a dram shop liability claim is viable based on the circumstances of your accident and your state’s laws. If so, you may be able to recover damages from the business or social host that unlawfully facilitated the drunk driver getting behind the wheel.
No matter how complex the situation, having an experienced “hit by a drunk driver lawyer” on your side provides the best chance of obtaining justice and fair compensation after an injurious DUI accident. They can cut through red tape, deal with insurance bad faith practices, and tenaciously fight for the maximum settlement or court award you deserve.
Above all else, impaired driving accidents leave victims with a litany of challenges – physical, emotional, and financial. A compassionate DUI accident attorney gives you a powerful ally to lean on during this difficult time. With their resources advocating for you, victims and families can focus on recovery and moving forward.
Conclusion
In conclusion, being involved in an accident caused by a drunk or uninsured driver can be a traumatic and financially devastating experience. However, victims have legal options available to seek compensation for their damages and hold the responsible parties accountable.
Working with an experienced attorney is crucial to navigating the complexities of such cases. They can help investigate the circumstances, gather evidence, negotiate with insurance companies, and if necessary, take the case to court to pursue fair compensation.
It’s important to remember that victims have rights, and they should not hesitate to exercise those rights to seek justice and protect their financial well-being. While the legal process can be daunting, having a knowledgeable and dedicated legal team on your side can make a significant difference in the outcome.
Ultimately, seeking legal recourse not only helps victims recover from the physical, emotional, and financial toll of such accidents but also sends a strong message that drunk driving and driving without insurance are unacceptable and have severe consequences. By holding offenders accountable, it may deter others from engaging in such reckless behavior, potentially saving lives and preventing future tragedies.
FAQs
- Can victims hold establishments liable for over-serving a drunk driver involved in an accident?
- In some cases, victims may explore dram shop liability, holding establishments responsible for over-serving alcohol to a visibly intoxicated person who later causes an accident. However, these laws vary by jurisdiction.
- How long do victims have to file a legal claim after a DUI accident or with an uninsured driver?
- The statute of limitations for filing a legal claim varies by jurisdiction. Victims must consult with a personal injury attorney promptly to ensure compliance with the applicable timeframe.
- Can legal action prevent future DUI and uninsured driver accidents?
- While legal action seeks justice for victims, prevention involves broader efforts. Raising awareness, enforcing stricter regulations, and promoting responsible behavior on the roads are essential to reducing the occurrence of these accidents.