Another car rear-ended you at a traffic light. When the other driver got out, he was stumbling and slurring his words and was intoxicated. You need to call a drunk driving accident attorney to represent you.
Your drunk driving accident lawyer will represent you and fight for the most compensation for your losses. They will also collect evidence after the drunk driving accident to prove fault. Speak to a drunk driving accident attorney today for immediate assistance if another driver injured you in a car accident.
How Common Are Drunk Driving Accidents With Injuries?
Unfortunately, drunk driving accidents with injuries are common in the U.S. Drunk driving accidents with injuries are a significant and persistent problem in the United States. In a recent year, the NHTSA reported that approximately 13,524 people were killed in drunk driving crashes. These fatalities accounted for about 32 percent of all traffic-related deaths that year.
Injuries from such crashes are far more common. The NHTSA also estimates that alcohol-related crashes injure someone every two minutes in the U.S. This translates to roughly 720 injuries per day or over 260,000 injuries annually.
When a drunk driver seriously injures you, it's imperative to hold that party accountable for your damages and injuries. A car accident attorney must prove fault and assess the value of your medical bills, lost income, and pain and suffering.
How To Prove Negligence After A Drunk Driving Accident
You want immediate compensation if a drunk driver causes an accident that injures you. However, you and your auto accident attorney must prove the other party was negligent. Once you do so, you can present a demand to the liable driver's insurance company for a settlement. Proving fault and negligence in a car accident involves showing the following:
- The other driver had a duty of care to you. For example, the other driver must drive safely and obey traffic laws.
- They violated their duty of care by getting drunk, driving, and hitting you in a car accident.
- You suffered an injury in the drunk driving accident, such as head trauma, cuts and scrapes, and a broken arm.
- You have damages from the accident, such as $25,000 in medical bills and $10,000 in lost income.
Your car accident attorney will collect the accident evidence to prove the other driver was negligent and should compensate you.
Critical Evidence To Prove Fault In A Drunk Driving Accident
Proving fault in a drunk driving crash involves various types of evidence that your car accident attorney can use to prove that the other driver was intoxicated and caused the crash. This evidence may include:
- Blood alcohol concentration (BAC) test results: A breathalyzer, blood, or urine test showing the driver's BAC above the legal limit (typically 0.08 percent in most U.S. states) is strong evidence of impairment. This indicates that the driver was legally intoxicated, which can establish negligence or recklessness.
- Police reports and officer testimony: The responding officer's report may document signs of intoxication, such as slurred speech, smell of alcohol, unsteady gait, and details of the crash. This provides an official account linking the driver's behavior and condition to the accident.
- Field sobriety test results: Tests like the walk-and-turn, one-leg stand, or horizontal gaze nystagmus test, conducted roadside, assess if a driver is drunk. Poor test performance can corroborate intoxication and inability to drive safely.
- Witness statements: Eyewitnesses may testify about the driver's erratic behavior, such as swerving, speeding, or ignoring traffic signals. These statements may support claims that the driver's actions directly caused the crash.
- Video footage: Dashcam, traffic camera, or surveillance footage capturing the crash or the driver's behavior beforehand. This visual proof of reckless driving or the collision ties the driver's actions to the outcome.
- Accident reconstruction evidence: Experts analyze skid marks, vehicle damage, and crash dynamics to recreate the incident. This evidence shows how the impaired driver's actions caused the crash.
- Cell phone records: Evidence of texting or calling while driving can compound fault, especially if the person was drunk. This evidence suggests distraction alongside impairment, worsening the driver's culpability.
- Defendant's statements: Statements made by the driver admitting to drinking or fault. This evidence is admissible in court.
- Photos and videos: Photographic and video evidence you collect after the crash can help your attorney prove fault and that the other party was intoxicated. Take pictures and video of the vehicle positions, your injuries, and possibly the drunk driver, if possible.
This evidence may prove that the other driver caused the accident and was impaired. While you can possibley collect eyewitness contact information, photos and video evidence, it is difficult for an injury victim to gather most evidence without an auto accident attorney's help. Some evidence, such as cell phone records, may be impossible to collect without a subpoena. Retain a car accident lawyer to represent you in your drunk driving accident to gather evidence to prove fault.
What Compensation Is Available For A Drunk Driving Accident?
In Texas, if you're involved in a drunk driving accident caused by another driver, you may be eligible to claim compensation for various damages depending on the specifics of your case. Here's a breakdown of what's typically available:
Economic Damages
These cover tangible financial losses you've incurred due to the accident. They include medical expenses for emergency care, hospital stays, surgeries, medications, rehabilitation, and any future medical needs related to your injuries.
You also may receive compensation for lost income. If your injuries prevent you from working, you can claim compensation for income lost during recovery. If the injuries result in long-term or permanent disability, you might also recover for loss of earning capacity.
Last, you can receive money for property damages to repair or replace your vehicle and other property.
Non-Economic Damages:
These address intangible losses that don't have a direct dollar value but significantly impact your life. Pain and suffering is payment for physical pain and discomfort caused by your injuries.
Emotional anguish compensation covers mental anguish, anxiety, depression, or trauma resulting from the accident. You may also receive money for loss of enjoyment of life if your injuries prevent you from engaging in hobbies, family activities, or other aspects of life you once enjoyed, you may be compensated for this loss.
Dram Shop Liability
Another possibility in Texas and other states is payment through Dram Shop Liability. You can be eligible for compensation from a bar, restaurant, or liquor store that overserved alcohol to the drunk driver if they were visibly intoxicated or underage at the time. This can provide an additional source of recovery, especially if the driver's insurance is insufficient.
Your auto accident lawyer will fight for the most compensation from the insurance company for your losses. They may also take the case to court if the insurer denies liability.
How Much Is A Drunk Driving Crash Worth?
You are severely injured after a drunk driver smashed into your SUV. You want to know what your drunk driving claim is worth. Everything depends on the following factors:
Severity of Injuries
The extent and permanence of injuries sustained by the victim significantly affect the claim value. More severe injuries, like traumatic brain injuries or spinal damage, typically lead to higher compensation.
Medical Expenses
Costs for emergency care, hospital stays, surgeries, rehabilitation, and ongoing treatment are significant components of the claim value. A serious injury can require hundreds of thousands of dollars in medical bills.
Lost Income
Income lost due to time off work, as well as any reduced earning capacity from long-term or permanent disability, increases the claim amount.
Property Damage
The cost to repair or replace damaged vehicles or other property contributes to the total value.
Pain and Suffering
Compensation for physical pain, emotional distress, and reduced quality of life is often included, varying by case. A severe injury, such as paralysis, will have a higher pain and suffering amount than a less serious injury.
Punitive Damages
In drunk driving cases, courts may award additional damages to punish the driver and deter similar behavior, boosting the claim value.
Liability Evidence
Clear proof that the drunk driver was at fault, such as BAC levels, police reports, and witness statements, strengthens the claim and its potential value. Many insurance companies will offer a higher settlement when the evidence shows that their client was intoxicated. Juries are often hostile to drunk drivers who injure others, and they may award you much more than the best settlement offer. Therefore, the insurance company may offer more money in a settlement.
Insurance Coverage
The at-fault driver's insurance policy limits and the victim's own uninsured/underinsured motorist coverage can cap or expand the recoverable amount.
Legal Representation
The skill and experience of the auto accident attorney negotiating or litigating the claim can impact the outcome and value. Always retain a skilled drunk driving attorney to ensure you have superior legal assistance during this difficult time.
How A Car Accident Attorney Can Help After A Drunk Driving Accident
A car accident attorney can be a crucial ally after a drunk driving accident, helping victims navigate the complex legal and financial aftermath. Here's how they can assist:
Investigating the Accident
A skilled attorney will gather evidence to build a strong case. This includes obtaining police reports, witness statements, traffic camera footage, and any available toxicology reports proving the other driver's intoxication. They may also work with accident reconstruction experts to establish fault.
Dealing with Insurance Companies
Insurance companies often try to minimize payouts, especially in drunk driving cases where liability seems obvious. An attorney can negotiate to ensure you're not shortchanged, countering tactics like lowball settlement offers or attempts to shift blame.
Pursuing Compensation
Drunk driving accidents often result in severe injuries, emotional trauma, and financial losses. A drunk driving accident attorney will seek damages for medical bills, lost income, pain and suffering, and property damage. In cases of egregious negligence (like DUI), they may also pursue punitive damages to punish the driver and deter future misconduct.
Navigating Legal Complexities
DUI accidents can involve both civil and criminal proceedings. While the state prosecutes the driver criminally, your attorney focuses on the civil side, ensuring your rights are protected. They'll handle deadlines, paperwork, and legal nuances, like state-specific dram shop laws, which might hold bars or restaurants liable for overserving the driver.
Proving Your Damages
A serious car accident with a drunk driver can leave you with devastating injuries, such as brain trauma, spinal injuries, paralysis, burns, broken bones, internal injuries, and more. You can need tens of thousands for current and future medical care. Your auto accident attorney will work with your medical team to understand your injuries and future medical requirements.
Further, your auto accident lawyer will carefully estimate your current and future lost income from the accident injuries. If you are disabled from the crash, your auto accident attorney will calculate your lost earning capacity.
Last, a drunk driving attorney will determine your degree of physical pain and suffering, as well as mental anguish from the injuries. This is a subjective number, and your experienced personal injury attorney will consult with your doctors about how to prove pain and suffering to secure the most compensation.
Providing Peace of Mind
Recovering from an accident is stressful enough without legal battles. An attorney takes the burden off your shoulders, advocating for you while you focus on healing.
For example, if you're in a state like Texas with strict DUI laws, an attorney might leverage evidence of the driver's blood alcohol content exceeding 0.08 percent to strengthen your injury claim. They'll also ensure the case is filed within the statute of limitations, usually two years in many states.
If you've been in a drunk driving accident, a consultation with a car accident attorney is essential. Your attorney works on a contingency fee basis, meaning no upfront costs. You only pay if they win your case.
Speak To A Drunk Driving Accident Attorney Now
A drunk driver hit and seriously injured you. Don't try to settle with their insurance company without a drunk driving accident lawyer. A personal injury lawyer can help you receive maximum compensation for your injuries and other losses. You don't pay out-of-pocket legal expenses, and you pay nothing if you don't win.