Getting hit by a drunk driver can be a devastating experience, both physically and emotionally. It is important to understand your legal options and the compensation that you may be entitled to. In this article, we will discuss the steps you can take after being involved in a car accident with a drunk driver and how to seek the settlement you deserve.
What are my legal options after being hit by a drunk driver?
Consulting with an accident attorney:
After being hit by a drunk driver, it is crucial to consult with an accident attorney who specializes in handling cases related to car accidents. They can assess the details of your case and guide you through the legal process.
Filing a lawsuit for damages:
If you have suffered injuries or damages due to a drunk driving accident, you may be able to file a lawsuit against the at-fault driver. A lawsuit can help you seek compensation for medical bills, lost wages, pain and suffering, and other related expenses.
Seeking compensation from insurance companies:
In addition to suing the drunk driver, you may also be able to seek compensation from insurance companies. It is important to contact your own insurance company and inform them about the accident. They may be able to provide coverage for your medical bills and other damages.
How can I get a settlement after a drunk driving accident?
Hiring a car accident lawyer:
To increase your chances of obtaining a fair settlement, it is recommended to hire a car accident lawyer. They have the expertise and knowledge to negotiate with insurance companies and fight for your rights.
Pursuing a lawsuit for pain and suffering:
In a drunk driving accident case, you may be entitled to claim compensation for pain and suffering. This includes physical pain, emotional distress, and loss of enjoyment of life that you have experienced as a result of the accident. Your attorney can help you navigate the legal process to seek a fair settlement.
Claiming punitive damages:
In some cases, you may also be able to claim punitive damages. These damages are awarded to punish the drunk driver for their reckless behavior and to deter others from driving under the influence in the future. Your lawyer can guide you on the eligibility and process of claiming punitive damages.
What should I do if I am injured by a drunk driver?
Seek medical attention and document your injuries:
The first step after being injured by a drunk driver is to seek immediate medical attention. Your well-being is of utmost importance. Make sure to document your injuries, treatment received, and any ongoing medical needs. This documentation will be valuable evidence when pursuing your claim.
Contact a car accident attorney to discuss your legal options:
Consulting with a car accident attorney is crucial to understand your legal rights and options. They can review your case and provide guidance on the best course of action to seek compensation for your injuries and losses.
File an injury claim to recover compensation:
With the assistance of your attorney, you can file an injury claim against the drunk driver’s insurance company. This claim will seek compensation for medical expenses, lost wages, and other damages resulting from the accident.
Who is responsible for a drunk driving accident?
The drunk driver is generally held liable for the accident:
In most cases, the drunk driver is considered responsible for the accident. Driving under the influence (DUI) is illegal and is a clear violation of traffic laws. The intoxicated driver’s negligence and disregard for the safety of others make them liable for the damages caused.
In some cases, the establishment that served alcohol to the driver may also share responsibility:
In certain situations, the establishment that served alcohol to the driver may also be held partially responsible for the drunk driving accident. This is known as “dram shop liability” and can apply when the establishment continues to serve alcohol to an already visibly intoxicated individual.
Insurance companies may also play a role in determining liability:
The insurance companies of both the drunk driver and the other involved parties will typically investigate the accident to determine liability. They will evaluate the circumstances, evidence, and applicable laws to assess the respective responsibilities of each party involved.
What damages can I claim if I was hit by a drunk driver?
Medical expenses and rehabilitation costs:
If you were injured by a drunk driver, you can claim compensation for your medical expenses, including hospital bills, surgeries, medications, physical therapy, and any future medical treatments or rehabilitation costs that may be necessary.
Lost wages and future earning capacity:
A drunk driving accident can often leave victims unable to work, resulting in lost wages. You can claim compensation for the income you have lost due to your injuries. Additionally, if your ability to work in the future is affected or diminished, you may also be entitled to seek compensation for your future earning capacity.
Pain and suffering, emotional distress, and loss of enjoyment of life:
Beyond physical injuries, victims of drunk driving accidents often experience immense pain and suffering, emotional distress, and a significant loss of enjoyment in their daily lives. You have the right to claim compensation for these non-economic damages as well.
Being involved in a car accident with a drunk driver can have severe consequences that can change your life in an instant. It is crucial to consult with an experienced car accident attorney to understand your legal rights and options. They can provide the necessary guidance and assistance to pursue the compensation you deserve. Remember to seek immediate medical attention, document your injuries, and gather evidence to support your case. With the help of a car accident lawyer, you can navigate the legal process and fight for the settlement you are entitled to.
