Driving while under the influence of alcohol is an illegal and dangerous act. If caught, the drunk driver may face severe criminal penalties. However, the driver going to jail doesn’t help you if you suffered an injury in a drunk driving accident because of their negligence. You have the right to seek compensation in a personal injury lawsuit if a drunk driver injures you.
You need legal assistance if a drunk driver has injured you or a loved one. You can receive compensation for your medical bills, lost earnings, pain and suffering, and more. Speak to a Trinity personal injury attorney in your area today to determine if you have a case.
How Common Are Drunk Driving Car Accidents?
Alcohol consumption affects a driver’s ability to drive safely and make decisions. A driver with reduced motor skills can have difficulty steering or changing gears, making a crash more likely.
Drunk drivers are a significant risk to other motorists and pedestrians. The NHTSA states that 37 people in the US die in drunk driving accidents daily. That is approximately one person every 40 minutes. About 13,000 people were killed in drunk driving accidents in a recent year.
Drunk Driving Is Negligent Behavior
Obtaining compensation in a personal injury claim usually requires the plaintiff to show that the other party owed them a duty of care. They breached their duty of care and caused your injuries and damages.
However, if the driver was intoxicated, the case is different. As the plaintiff, you may hold the other party liable under the negligence per se legal theory. This means the driver can be liable for your accident injuries if they violated the law.
You must prove the other party violated a law to protect certain people from injuries and damages. In Florida and many states, it’s illegal to drive under the influence of alcohol. A driver is considered intoxicated if their faculties are impaired or if their BAC is .08 percent or higher. A driver who is convicted of drunk driving who injures you is negligent under the law and may be liable without you having to prove that negligence. A drunk driving accident attorney can help you hold the other party liable and potentially receive compensation for your injuries.
How To File A Drunk Driving Accident Claim
You may be confused and overwhelmed if a drunk driver hits and injures you. These are the steps to follow for a drunk driving claim or lawsuit:
Get Medical Attention
The first step to filing a drunk driving claim is obtaining immediate medical attention. You should go to the ER if a drunk driver hits you and have a doctor examine you. It’s essential to receive medical attention to protect your health. Also, your doctor will document that your injuries were caused by an auto accident. This is critical to file a claim or lawsuit later.
File A Police Report
You will need a lot of evidence to prove that a drunk driver’s negligence caused the accident and injured you. Call the police and obtain a police report. Your drunk driving attorney can use the police report to build your personal injury claim. It helps if the police officer cited the other party for driving under the influence.
Collect Accident Evidence
You and your attorney must prove that another party’s negligence caused your accident and injuries. This process involves collecting evidence, including photos and videos from the crash scene, the police report, eyewitness statements, and more. Your auto accident attorney may rely on an accident reconstruction expert to prove how the accident happened.
Contact A Personal Injury Attorney
You aren’t required to hire an attorney, but you should retain a personal injury lawyer if a drunk driver injured you. Your attorney can help prove how the accident happened. They will also prove the extent of your medical bills, lost earnings, and pain and suffering. That way, you can receive full compensation for your losses.
Your attorney can assist with filing a personal injury claim on the other party’s insurance. Most drunk driving accident claims end with an insurance settlement. However, if the insurance company doesn’t offer enough money, your attorney can file a personal injury lawsuit and take the case to court.
Many insurance companies would offer a just settlement to avoid going to court if their client was intoxicated when the accident happened. Your personal injury lawyer is trained and experienced in maximizing your payout in an insurance settlement.
Potential Compensation In A Drunk Driving Car Accident
Depending on the case circumstances, you can potentially receive economic and non-economic damages for your drunk driving accident injuries. Economic damages are specific monetary losses and can include:
- Medical expenses: You should receive compensation for your current and future medical costs, including ER and ambulatory care, surgeries, hospitalization, prescription drugs, rehabilitation, and home care, if necessary. You can also receive compensation for future medical care if you have a severe injury.
- Lost earnings: You may receive compensation for lost current and future earnings related to your injuries and treatments. Furthermore, a severe, long-term injury can entitle you to lost earning capacity compensation.
Non-economic damages are compensation you receive for subjective injuries, including:
- Pain and suffering: A drunk driving accident can cause severe, painful injuries, such as brain trauma, broken bones, spinal cord injuries, and more. You should receive just compensation for pain and suffering from your injuries and treatments.
- Mental anguish: You may have depression, insomnia, anxiety, and PTSD from your injuries and limitations. For example, a spine injury can limit your mobility and lead to depression and other forms of mental trauma.
- Loss of enjoyment of life: A severe or permanent injury can reduce your ability to do things you once enjoyed, such as exercise and play with your children.
An experienced drunk driving accident attorney can review your case and determine what your case may be worth.
Who Can Be Liable In A Drunk Driving Accident?
Usually, the drunk driver is liable for the plaintiff’s accident injuries. However, it’s possible that other parties can be responsible for your losses. In Florida, for example, there is a Dram Shop liability law. This states that certain people and establishments can be liable for the actions of drunk drivers. Under the Dram Shop law in Florida and many states, the following parties can be liable for a DUI:
- Bars, restaurants and nightclubs.
- Social hosts, such as homeowners, who serve alcohol to people under 21.
- Other entities that knowingly serve alcohol to clearly intoxicated patrons.
- Also, other legal actions can be taken if the intoxicated driver was a minor.
Furthermore, suppose a drunk driver was on the clock for an employer at the time of the crash. For instance, a truck driver who hits you at a red light may have been working for his carrier then. A personal injury lawsuit can be filed against the employer under the legal theory known as vicarious liability.
A personal injury attorney should review your case to determine who can be liable for your injuries and losses. More than one person or entity can be responsible for your drunk driving accident injuries.
Who Pays For Your Drunk Driving Car Accident Damages?
There are several potential parties and insurance policies that may pay for your losses after a drunk driving accident:
Your Auto Insurance
In some cases, your own policy can be tapped for your injuries and damages. For example, if the other driver didn’t have insurance, you can use your policy’s uninsured driver coverage to pay some of your losses.
The Other Driver’s Auto Insurance
In most car accidents, the liable driver’s auto insurance covers the injured person’s damages. However, if you are in a no-fault state, you may need to rely on your own insurance to cover your initial losses.
A Bar Or Restaurant
You may hold a bar or restaurant liable for damages if they overserved an intoxicated driver. Your drunk driving accident lawyer can review your case to determine if your state’s dram shop law applies.
Employer
An employer can be held responsible for your damages if the drunk driver was working when the accident happened. A common situation is a delivery driver who is on the clock when the crash occurs. The employer can be vicariously liable for your damages.
A car accident lawyer can determine the potentially liable parties in your drunk driving claim. Speak to a personal injury attorney today for more information.
How Much Is A Drunk Driving Car Accident Claim Worth?
A drunk driver hit and injured you and your family. What is your car accident claim worth? Like any personal injury claim, the size of a settlement is dependent on the individual case factors, including:
Severity Of Injuries
Sadly, drunk driving accidents often involve high speeds because intoxicated drivers tend to be more aggressive and reckless. So, drunk driving accidents usually have more severe injuries than other motor vehicle accidents.
Your case value will be higher if you have serious injuries, such as brain damage or spinal cord damage. The impacts from the injuries are more severe, may take years to heal, or can be permanent.
Lost Earnings
A severe drunk driving incident can mean you are out of work for years or forever. You may be entitled to compensation for lost earnings and lost earning capacity for the rest of your work life.
On the other hand, a less severe injury, such as a broken arm, would entitle you to lost income but for a shorter time.
Insurance Availability
The amount of available insurance may also influence your drunk driving settlement. Some drivers have minimal car insurance, so your full damages may not be covered.
However, suppose you sue a restaurant for overserving the driver who injured you. There can be more insurance money available for your injuries and losses.
Punitive Damages
Some drunk driving accident claims can lead to punitive damages if the drunk driver was seriously intoxicated and reckless. Punitive damages may be awarded that increase the size of your settlement.
Pain And Suffering
Drunk driving accidents can be severe, so you can have severe pain and suffering from your injuries. This will increase the amount of your settlement in most cases. Your personal injury lawyer will communicate with your doctors to understand your injuries and the amount of pain and suffering you have.
Age And Health
Your age and health will also affect the size of your personal injury settlement. A younger, healthier person may qualify for more lost earnings compensation because they have more work years ahead.
Your personal injury attorney will carefully calculate the full damages you should receive in your claim. Then, they will commence settlement negotiations with the liable insurance company. Remember that your attorney may wait to begin settlement discussions until your injuries have healed as much as possible.
Filing A Wrongful Death Lawsuit
Unfortunately, many drunk driving victims do not survive the accident. You may have lost a relative recently to a drunk driver. If that happens, you may be entitled to file a wrongful death lawsuit in the state where it occurred. You may receive compensation for your losses, including burial and medical expenses, lost income, pain and suffering, mental anguish, and more.
Every state has laws outlining who can file a wrongful death lawsuit. In Florida and many states, the following parties can file the lawsuit:
- Spouses
- Children
- Parents
- Other family members who were financially dependent on the victim
Talk to a personal injury attorney if you have a valid wrongful death claim.
Speak To A Personal Injury Attorney Today
Did a drunk driver injure you in a car accident? You may have severe injuries and be unable to work, but you have legal options. You can sue the drunk driver for damages and obtain compensation for your losses. A drunk driving attorney can oversee your case and ensure you receive the most compensation for your damages. Talk to a personal injury attorney in your area today for a free consultation.
James Wayne Holliday
James Wayne Holliday has been practicing law since 1995. He has been named as a “Best Attorney” Lifetime Charter Member in Florida, an honor awarded to less than one percent of the nation’s lawyers.
Mr. Holliday has earned a reputation as a relentless trial lawyer because of his outstanding work ethic and thorough preparation of his cases for trial.
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