What Are My Rights if I Am Hit By a Drunk Driver?

by • January 4, 2021 • Random NewsComments (0)1074

Drunk driving is one of the leading causes of road traffic accidents all over the world. According to a 2016 estimate, 28 percent of all road traffic accidents were caused by driving under the influence of alcohol. If you were hit by a driver who was driving drunk, with the assistance of an experienced car accident attorney you might be able to obtain legal compensation for your injuries and damages. The decision for financial compensation boils down to proving liability in case of drunk driving accidents.

Filing an Insurance Claim

Even if you are hit by a drunk driver, filing an insurance claim is essential for getting financial compensation for your damages. There is a good chance that the other party with the help of DUI attorneys will offer you a financial settlement before you proceed to file a lawsuit against them.

It is advisable to discuss all settlement offers with an experienced attorney who specializes in personal injury matters. The insurance company of the driver at fault might offer you a good settlement that could go a long way in paying off your medical bills and other expenses stemming from the accident.

DUI Conviction

If you were involved in an accident where the drunk driver was arrested soon after the incident, there is a chance that the jury will side with you during the trial if a lawsuit takes place. It means that the insurance provider of the driver at fault would have to pay you more, as compared to simply settling outside of court.

No DUI Conviction

For your case to be strong, you need to prove that the other party was at fault. Even if the accident was caused due to the negligence of both parties, you might still be able to seek punitive damages. Even if the driver responsible for the drunk driving accident could not be held liable through a criminal case, there is always the option for a civil lawsuit. In such a lawsuit, you shall be able to prove that the driver is drunk and his misconduct on the road led to the damages and injuries. While a criminal conviction for drunk driving might not always be possible, you can certainly make a case for civil liability.

Other Avenues for Justice

Alternatively, you can choose to sue the bar, restaurant, or cafe that served the driver the drinks that got him intoxicated enough to cause an accident. By law, every such establishment is required to prohibit the sale of liquor to a person who is intoxicated enough to be a danger to others on and off the road. In such cases, it is easy to establish the evidence against the establishment, using the purchase receipts and security camera footage. An experienced attorney might be able to help you in obtaining justice through this pathway.

Comparative Negligence

Although rare, in some cases, a drunk driver might hit another car whose driver was texting when the accident happened. In this case, both parties are at fault because their negligence contributed to the accident, and in a lawsuit hearing, the court will decide the responsible party. 

Photo by Matt Chesin on Unsplash



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