What Happens if You’re Injured in an Accident with a Drunk Driver?

Drunk driving is a dangerous and negligent act that can lead to disastrous outcomes. Unfortunately, drunk driving accidents continue to plague our roads, leaving a trail of injuries, fatalities, and shattered lives. If you experience such an incident, it’s essential to understand your rights and explore the legal options available to you.

In this article, we’ll explore the complexities of dealing with the aftermath of a drunk driving accident, including legal procedures and compensation claims.

1. Immediate Steps to Take After the Accident

The immediate moments following a drunk driving incident can be incredibly confusing and stressful. Every day, approximately 37 individuals lose their lives in America due to crashes with drivers under the alcoholic influence. In 2022 alone, as per NHTSA, a staggering 13,524 people tragically died in alcohol-impaired driving fatalities. 

In addition, DUI continues to be one of the leading causes of collisions, claims Russell & Hill. Recent statistics show that nearly one-third of all traffic fatalities are caused by drunk driving. Also, drunk driving incurs billions of dollars to the United States.

Acting swiftly after a drunk driving accident is crucial for your safety and lawful protection. Your safety should be your top priority. Move to a safer place and call emergency forces instantly. Even if you think you're okay, it's important to see a doctor. Some bodily damages, like internal concussions or bleeding, may not show symptoms at once.

Document the accident scene by taking pictures of the broken vehicles, registration plates, road situation, and any visible wounds. Gather data from the other driver and any bystander present, but avoid discussing who was at fault. Report the accident to the law enforcers for official documentation, and promptly inform your insurance provider to initiate the claims process.

2. Understanding Your Legal Rights and Options

After a drunk driving accident, navigating the legal landscape can be overwhelming, particularly while dealing with injuries and trauma. Victims injured in a drunk driving accident often face high treatment bills, lost income, and emotional distress. Fortunately, victims can seek legal recourse to alleviate the burdens caused by drunk driving accidents. 

They have the right to file a personal injury lawsuit against the drunk driver. This driver can be held liable for damages resulting from their impaired actions.

In many places, people injured in accidents can receive compensation for health bills, therapy, emotional anguish, and unearned income. Also, punitive damages may be awarded, as drunk driving is generally considered gross negligence. A qualified personal injury attorney can clarify your rights, guide you through legal procedures, and enhance your chances of fair compensation.

If you were injured in a drunk driving accident, understanding your rights and legal options empowers you to make informed decisions. It's essential to understand your rights, regardless of whether you choose to settle with the insurance company or pursue legal action through a lawsuit.

What happens if the police do not charge the driver with DUI, but I suspect impairment?

If the police do not charge the driver with DUI but you suspect impairment, gather any available evidence, including witness statements and photos. Consulting a personal injury attorney is essential, as they can help investigate further and obtain toxicology reports or other relevant documentation. This information can support your civil case for damages effectively.

3. Types of Compensation You Can Seek

If injured in an accident with a drunk driver, you may qualify for various compensations, including non-financial and financial reparation. Economic damages include rehabilitation costs, health expenses, lost earnings, and any ongoing or future medical management resulting from the accident. Property damage for vehicle repairs or replacement may also be recovered.

Non-economic losses can cover the pain and distress endured due to bodily and emotional trauma. In some cases, you may be able to recover punitive damages, which are designed to punish the drunk driver for their irresponsible actions. In these cases, victims are often awarded additional compensation as a deterrent against future offenses. 

KBIA reported that drunk driving's financial impact is significant, totaling $58 billion in medical expenses, legal costs, and lost productivity. Additionally, the Oklahoma Highway Safety Office highlighted the severe consequences of driving under the influence. A first-offense DUI can cost $10,000 or more in fines and legal fees. 

4. The Role of Insurance in DUI Mishaps

Insurance plays a crucial role in the consequences of a drunk driving accident, as it can cover considerable monetary losses for sufferers. If you’re injured in a drunk driving accident, the at-fault driver’s liability insurance typically compensates for property loss and bodily injury.

When the at-fault driver’s insurance is inadequate or they are uninsured, your insurance policy may provide coverage through uninsured or underinsured motorist provisions. Statistics show that approximately 13% of drivers in the US are uninsured, which underscores the importance of having this coverage. It can help protect you from financial losses in such situations. 

Knowing what your insurance covers can greatly affect how much money you can recover after a drunk driving accident. This is particularly important when additional expenses arise from extended medical treatment or rehabilitation.

Is it possible to claim damages from multiple insurance policies in these cases?

Yes, it’s possible to claim damages from multiple insurance policies in drunk driving cases. If the at-fault driver’s insurance is insufficient, your uninsured/underinsured motorist coverage can supplement the claim. Also, personal health or disability insurance may cover medical expenses not fully addressed by auto insurance settlements.

5. How to Work with a Lawyer for Your Case

Working with a lawyer after being injured in a drunk driving accident can streamline the process, helping you secure fair compensation. Lawyers.com reported that engaging an attorney considerably boosts your probability of receiving recompense for wounds and harm. Over 91% of claimants with attorneys received a payout, whereas only 51% of those who represented themselves achieved the same result. 

Start by gathering papers like health records, reports by law enforcement departments, eyewitness statements, and any other relevant evidence. This information will help your lawyer build a sturdy case. Your lawyer can also handle communications with insurers, who often attempt to reduce payouts. 

An expert lawyer knows how to negotiate with insurance firms to get you the recompense for your damages.  They will fight for a settlement that fully covers your losses.

6. What to Expect if the Case Goes to Trial

If your case goes to trial after being injured in a drunk driving accident, the process can be lengthy. However, it may result in higher compensation. Trials typically begin with jury selection, followed by opening statements, eyewitness testimonies, cross-examinations, and closing arguments. Your lawyer will use evidence like a health record and eyewitness account to prove your case.

While a trial may extend the resolution timeline, it provides a chance to seek compensation beyond what was initially offered in settlement negotiations.

What factors might influence the jury’s decision on the compensation awarded?

The jury's decision on compensation is influenced by factors such as the severity of injuries and the victim's quality of life. Also, the level of negligence exhibited by the drunk driver and the strength of the evidence presented play crucial roles in determining the outcome. In addition, testimonies from medical experts and witnesses can sway the jury’s perception of the accident’s lasting effects.

Coping with the Consequences of a DUI Accident

An accident caused by a drunk driver can lead to severe injuries that can significantly impact a person's life. Pursuing justice and fair compensation not only addresses financial burdens but also holds negligent drivers accountable. Remember, you don’t have to face this journey alone; legal support offers essential guidance and resources to protect your rights and voice.