The Importance of a Lawyer in a Drunk Driving Accident Case
The Importance of a Lawyer in a Drunk Driving Accident Case
Drunk driving accidents are a grave concern in the United States, leading to devastating injuries and, tragically, thousands of deaths each year. According to the National Highway Traffic Safety Administration (NHTSA), drunk driving kills around 37 people a day in the U.S., or one every 39 minutes. In 2022, alcohol-impaired driving caused 13,524 deaths.
The aftermath of such drunk driving crashes leaves victims and their families grappling with severe emotional, physical, and financial burdens. Understanding the legal options available and knowing when to seek the help of a drunk driving accident lawyer can be crucial in navigating this difficult time.
In this blog, discover the impact of drunk driving accidents, how to prove the liability of the at-fault party and key legal processes related to winning a personal injury claim.
Table of Contents
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What Happens in a Drunk Driving Accident Case?
A drunk driving accident occurs when a driver operates a vehicle under the influence of alcohol, typically with a blood alcohol content (BAC) of 0.08% or higher, which is the legal limit in most states. These Driving Under the Influence (DUI) accidents often lead to catastrophic outcomes, including severe injuries like broken bones, spinal cord damage, and traumatic brain injuries.
Victims not only face immediate physical harm but also endure long-term emotional trauma and financial burdens due to ongoing medical care, rehabilitation, and lost wages.
After such a drink-and-drive accident, law enforcement quickly intervenes, often conducting field sobriety tests or breathalyzer exams to determine the driver’s BAC. The driver may face criminal charges, but victims also have the right to pursue civil lawsuits for compensation.
Key evidence, such as police reports, witness statements, and accident scene photos, is critical in establishing the driver’s liability and securing justice for the victims.
A study of 4,243 seriously injured drivers across seven trauma centers found that 54% tested positive for alcohol or drugs from September 2019 to July 2021.
Common Types of Drunk Driving Accidents
Drunk driving can lead to various accidents, each carrying significant risks.
- Head-on collisions are hazardous, often resulting in severe injuries or fatalities due to the combined force of impact.
- Rear-end collisions frequently occur when a drunk driver fails to notice a stopped vehicle or cannot control their speed, leading to crashes at traffic lights or stop signs.
- T-bone or side-impact crashes are common at intersections and pose a significant danger to passengers on the impacted side.
- Rollovers are more likely in high-speed crashes where a vehicle loses control, often resulting in catastrophic injuries.
- Motorcycle accidents involving drunk drivers are particularly deadly, given the vulnerability of motorcyclists. Motorcycle operators involved in fatal crashes in 2022 showed the highest level of alcohol impairment, with 28% of these drivers being under the influence—higher than any other vehicle category.
Injuries from Drunk Driving Accidents
Drunk driving accidents can cause a wide range of injuries, from minor to life-threatening, often leaving victims with long-term or permanent consequences. The force of impact, combined with dangerous debris, can result in severe physical and psychological damage.
Common injuries from a drunk driving accident include:
- Traumatic Brain Injuries (TBI): Affects cognitive abilities and may cause lasting disabilities.
- Spinal Cord Injuries: May lead to partial or total paralysis.
- Broken Bones and Fractures: These types of injuries mostly require extensive surgery and rehabilitation.
- Internal Injuries: Internal damage to organs that may not be immediately apparent.
- Whiplash and Soft Tissue Injuries: Lead to chronic pain and mobility issues.
- Burns and Disfigurement: Particularly severe in collisions involving vehicle fires.
- Psychological Injuries: PTSD, anxiety, and depression are common after such traumatic drunk driving crashes.
While some injuries may heal, others can lead to permanent disability or require ongoing care, with psychological trauma often complicating the recovery process.
Critical Steps to Take If You’re Hit by a Drunk Driver
Drunk driving accidents can be overwhelming, but taking the right steps immediately afterward can protect your rights and strengthen your claim.
- Call 911: Notify emergency services right away. The police report generated will be crucial evidence in proving the driver’s intoxication.
- Seek Medical Attention: Even if you don’t notice any injuries, get a thorough medical evaluation. Some injuries may not be immediately apparent, and having documentation is essential for any future claims.
- Document the Scene: Take photos or videos of the accident scene, the extent of vehicle damage, and any visible injuries. This documentation of visual evidence can greatly strengthen your case.
- Collect Information: Gather contact and insurance details from all parties involved, and obtain witness contact information if possible.
- Report the Accident: Ensure a police report is filed and includes details about the driver’s intoxication.
- Contact an Attorney: Engage a drunk driving accident lawyer to handle communications with insurance companies, document the scene, and build a strong case on your behalf.
By following these steps, you can better navigate the legal process and secure the compensation you deserve.
Parties That May Be Liable in a DUI Accident Case
Drivers with a BAC over 0.10 are seven times more likely to be in a fatal crash than sober drivers. While the drunk driver is primarily liable, other parties may also be held responsible:
- Bars and Restaurants: Under dram shop laws, establishments that served alcohol to the drunk drivers could be liable.
- Social Hosts: In some states, hosts who provided alcohol at a private event can be held responsible if an intoxicated guest causes an accident.
- Vehicle Owners: If the vehicle’s owner allowed an intoxicated person to drive their car, they might share liability.
- Employers: If the drunk driver was working at the time of the accident, their employer might be liable.
Filing a Drunk Driving Claim
Filing a drunk driving claim involves several critical steps to ensure the claim is both viable and filed within the appropriate time frame.
Severity of Damages Sustained
First, it’s essential to assess the severity of the injuries sustained. Claims involving serious injuries, significant medical expenses, or long-term disabilities generally have a stronger basis.
Evidence of the Accident
To strengthen a drunk driving claim, gather critical evidence, including the driver’s Blood Alcohol Content (BAC) test results, official police reports, and witness statements. After a crash, observe signs of impairment, such as red eyes, slurred speech, or reckless driving. If possible, conduct a field sobriety test. A driver can still be convicted even if their BAC is below the legal limit of 0.08% if alcohol or drugs impair their ability to operate a vehicle safely.
Statute of Limitations
The drunk driving claim must be filed within the statute of limitations, which varies by state. In Colorado, you have three years from the drunk driving collision date to file a personal injury claim, while in Indiana, the personal injury statute of limitations is two years.
Dram Shop Liability Claims
Claims involving dram shop liability are when a bar or restaurant can be held responsible for serving alcohol to a person under 21, a visibly intoxicated individual, or a known habitual drunkard. The statute of limitations for dram shop liability claims may be shorter. For instance, in Illinois, dram shop claims must be filed within one year.
Social Host Liability Claims
Another important aspect is social host liability, where individuals who serve alcohol at private gatherings can be held accountable if their intoxicated guests cause accidents. Many states, including New York and Minnesota, have laws that hold social hosts liable, particularly when minors are involved.
Finally, consulting with a personal injury attorney experienced in drunk driving cases is crucial. They can determine whether to wait for the resolution of any related criminal case and file your civil claim within legal timeframes, thus increasing the chances of obtaining fair compensation.
Compensation Recoverable for Drunk Driving Accident Victims
Motor vehicle crashes cost America $340 billion, according to a report from the National Highway Traffic Safety Administration titled “The Economic and Societal Impact of Motor Vehicle Crashes, 2019”.
Victims of drunk driving accidents are entitled to both economic and non-economic damages. To maximize your compensation, it’s essential to work with an experienced drunk driving accident lawyer who can navigate the complexities of your case and hold the responsible parties accountable.
Economic Damages
Economic damages cover tangible financial losses, such as medical expenses, lost wages, property damage, and out-of-pocket costs related to the accident. These damages are crucial for covering immediate and long-term expenses, including emergency medical care and ongoing treatment.
Non-Economic Damages
Non-economic damages compensate for the victim’s intangible losses, for example, pain and suffering, emotional distress, loss of quality of life, and disfigurement. These damages address the profound impact that a drunk driving accident can have on a victim’s quality of life.
Punitive Damages
In severe cases, particularly those involving reckless or egregious behavior by the drunk driver, punitive damages may also be awarded to punish the offender and deter future misconduct.
Compensation for a Wrongful Death
When a drunk driver causes a fatal accident, the surviving family, including spouses and dependents, can file a wrongful death claim. This civil lawsuit aims to secure compensation for financial losses, funeral expenses, medical bills, and the loss of companionship and guidance.
While no amount of money can replace a loved one, holding the drunk driver accountable is crucial. Even if the criminal case does not lead to a conviction, the family can still seek compensation by filing a civil lawsuit.
Settlement Negotiations with Insurance Companies
After a drunk driving car accident, insurance companies aim to minimize payouts. Adjusters may offer quick, low settlements or delay the process to pressure you into accepting less than your claim’s value, especially under financial strain. Hence, document all damages, including medical costs, vehicle repairs, and lost wages.
Understand your policy, particularly regarding underinsured motorists, as your coverage may apply. Punitive damages for gross negligence, though often excluded from typical insurance, can still impact negotiations.
Beyond legal fees, a DUI can hike car insurance rates by an average of 71%, according to Forbes. This increase might prompt insurers to push back harder against claims, further complicating settlement negotiations. Stay informed and cautious when dealing with insurance companies to ensure you receive fair compensation for your injuries and losses.
An experienced personal injury lawyer specializing in drunk driving accident claims will negotiate a fair settlement with the insurance company. If the insurance company refuses a reasonable offer, the lawyer will take the case to court to secure deserved compensation for victims.
Proving Negligence in a Drunk Driving Accident Case
Proving negligence in a drunk driving accident isn’t as straightforward as assuming the intoxicated driver is automatically at fault. To establish negligence in a drunk driving accident, the injured party (plaintiff) must demonstrate that:
- The drunk driver (defendant) owed a duty of care, i.e. operate their vehicle responsibly without causing harm to others
- The driver breached that duty of care by driving while intoxicated, and
- Caused harm that resulted in specific damages
While driving under the influence is generally a breach of duty, the plaintiff must also prove that the driver’s intoxication directly caused the accident. For instance, if an intoxicated driver is rear-ended while stopped at a light, the driver may not be at fault for the accident despite their impairment.
In states like Texas, driving while intoxicated (DWI) is considered “negligence per se,” meaning that if a DWI is established, the court automatically deems the driver to be negligent. In such cases, the plaintiff only needs to prove that the driver’s actions caused the accident and that they suffered damages as a result. This shifts the focus to the extent of the injuries and losses incurred.
Why Hire a Drunk Driving Accident Lawyer
Hiring a drunk driving accident lawyer is essential for victims of DUI accidents who seek justice and full compensation. Following are the effective ways a drunk driving car accident lawyer can help victims:
- Personal injury attorneys handle every detail, from gathering crucial evidence like police reports and witness statements to managing legal filings and court appearances.
- Their expertise ensures that all aspects of the accident are accounted for, including immediate medical costs, long-term treatment, rehabilitation, and lost earning capacity.
- A seasoned DUI accident lawyer is well-versed in countering insurance companies’ tactics designed to reduce payouts, working tirelessly to secure a fair and comprehensive settlement.
- Beyond their legal acumen, drunk driving accident lawyers provide emotional support, allowing victims to concentrate on their recovery.
- In DUI and DWI cases, a lawyer will thoroughly investigate the crash, document injuries, and consult with experts to build a strong case. This preparation is crucial, as 95% of drunk driving car accident lawsuits settle out of court due to the overwhelming evidence against the intoxicated driver.
- However, if necessary, a skilled car accident lawyer will take the case to trial to ensure maximum compensation.
The guidance and advocacy provided by a drunk driving accident lawyer are invaluable in achieving justice and financial recovery for victims.
How to Select the Right Drunk Driving Accident Lawyer
Choosing the right drunk driving accident lawyer is the key to achieving a successful outcome in your case. Look for a DUI accident attorney with a proven track record in similar cases. Ensure the DUI accident lawyer has the resources to thoroughly investigate your case, gather evidence, and employ expert witnesses if necessary.
Reputation matters, so consider reviews and testimonials from past clients to gauge their professionalism and communication skills. Select a lawyer who works on a contingency fee basis, meaning you only pay if they win your case.
When interviewing a drunk driving accident lawyer, consider asking the following vital questions:
- How much experience do you have with drunk driving accident cases?
- What is your success rate in settling or winning these types of cases?
- Do you work on a contingency fee basis, and what are your fees if we win the case?
- How will you keep us informed during the process, and how frequently should I expect updates?
- What potential challenges are there in my case, and how will you address them?
Conclusion
Hiring an experienced drunk driving accident lawyer is essential for victims seeking justice and fair compensation. These personal injury lawyers handle complex legal processes, including evidence collection and insurance negotiations, ensuring that both economic and non-economic damages are covered by drunk drivers. Their expertise is crucial for holding responsible parties accountable and addressing complex liability issues, while also offering valuable emotional support.
If you’ve been injured due to the recklessness of a drunk driver, our skilled personal injury lawyers will help you file a lawsuit to seek compensation. With decades of experience and expertise in negotiating fair settlements for drunk driving accident victims, the Injury Lawyer Team leaves no stone unturned.
Call (888) 424-5757 to schedule a free consultation with our skilled personal injury lawyers today.
FAQs
What is the typical settlement amount for a drunk driving accident?
The average settlement for a drunk driving accident varies widely but often ranges from $50,000 to $150,000 or more, depending on the severity of injuries and damages.
Is drunk driving covered under tort law?
Drunk driving cases fall under tort law, as they involve seeking compensation for harm caused by another’s negligent or reckless behavior.
What are the main causes of drunk driving accidents?
Drunk driving accidents typically occur due to impaired judgment, slowed reaction times, and decreased motor skills caused by alcohol consumption.