Car accidents are a common occurrence on our roads, and unfortunately, many of these accidents are caused by drunk drivers. Drunk driving accidents can have devastating consequences, resulting in serious injuries or even death. If you or a loved one has been the victim of a drunk driving accident, it is important to understand your legal rights and options. Personal injury law provides a means for victims of drunk driving accidents to seek justice and compensation for their injuries and losses.
Personal Injury Law and Drunk Driving Accidents
Personal injury law is a branch of law that deals with legal disputes that arise when one person suffers harm from an accident or injury, and another person or party is legally responsible for that harm. Personal injury law covers a broad range of accidents and injuries, including car accidents, slip and fall accidents, medical malpractice, and more.
One specific area of personal injury law that is relevant to drunk drivers is called “DUI/DWI law.” DUI/DWI law deals with cases where a driver is arrested for driving under the influence of alcohol or drugs. If someone is injured or killed as a result of a drunk driving accident, the driver may face both criminal charges and a personal injury lawsuit. Penalties for DUI/DWI convictions can include fines, license suspension, and even jail time. It is important to seek legal advice from an experienced personal injury attorney if you are involved in a drunk driving accident.
A Common Cause of Personal Injury Claims
Drunk driving accidents are a leading cause of personal injury claims in the United States. According to the National Highway Traffic Safety Administration (NHTSA), drunk driving accidents claimed the lives of 10,142 people in 2019 alone. In addition to fatalities, drunk driving accidents can result in serious injuries such as broken bones, head injuries, spinal cord injuries, and more.
How Personal Injury Law Protects Victims of Drunk Driving Accidents
Liability and Negligence
When it comes to drunk driving accidents, personal injury law provides a means for victims to hold the drunk driver accountable for their actions. To establish liability, the victim must show that the driver was negligent and that their negligence caused the accident and resulting injuries. Negligence can take many forms, including driving under the influence of drugs or alcohol, speeding, reckless driving, or failure to obey traffic laws.
Damages and Compensation
If the victim is successful in proving liability, they may be entitled to compensation for damages such as medical expenses, lost wages, and pain and suffering. Compensation can also be awarded for future medical expenses and lost earning capacity. In some cases, punitive damages may be awarded to punish the drunk driver for their egregious behavior.
Steps to Take After a Drunk Driving Accident
Seek Medical Attention
The first and most important step after a drunk driving accident is to seek medical attention. Even if you feel fine, it is important to get checked out by a medical professional as soon as possible. Some injuries may not be immediately apparent, and delayed treatment can result in more serious complications.
In addition to seeking medical attention, it’s also important to contact the authorities and report the accident. Drunk driving is a serious offense, and the responsible party must be held accountable for their actions. Collecting as much evidence as possible, such as photos of the scene, witness statements, and police reports, can be crucial in building a strong case. It’s important to also contact a reputable lawyer experienced in handling drunk driving accidents to ensure you receive fair compensation for any damages or injuries sustained.
Contact Law Enforcement
After seeking medical attention, the next step is to contact law enforcement. The police will document the accident and create an official report. This report can be important evidence in your personal injury claim. It’s essential to report any accident to the police as soon as possible, as their documentation will provide an official record of the incident. This report can be a valuable piece of evidence to support your personal injury claim and help you receive the compensation you deserve for your damages and losses.
Gather Evidence
It is also important to gather as much evidence as possible at the scene of the accident. Take photos of the damage to your vehicle and any visible injuries. Get the contact information of any witnesses to the accident. If possible, get the contact and insurance information of the drunk driver.
Collecting evidence at the accident scene is crucial to build a strong case in your favor. Taking photos of damages and injuries, noting witness information, and obtaining the drunk driver’s contact and insurance information can help your personal injury claim. Remember to also avoid discussing fault or accepting blame.
Hiring a Personal Injury Lawyer
If you have been the victim of a drunk driving accident, it is highly recommended that you hire a personal injury lawyer to help you with your claim. A personal injury lawyer can help you navigate the complex legal system and ensure that your rights are protected. They can also negotiate with insurance companies and the drunk driver’s legal team to ensure that you receive fair compensation for your injuries and losses.
What to Look for in a Personal Injury Lawyer
When choosing a personal injury lawyer, it is important to look for someone with experience in handling drunk driving accident cases. They should also have a track record of success in obtaining compensation for their clients. It is also important to choose a lawyer who is responsive, communicative, and compassionate.
Drunk driving accidents can have devastating consequences, but personal injury law provides a means for victims to seek justice and compensation. By establishing liability and proving damages, victims can hold drunk drivers accountable for their actions and receive compensation for their injuries and losses. If you have been the victim of a drunk driving accident, it is important to take the necessary steps to protect your rights and seek the assistance of a qualified personal injury lawyer.
