Despite the law prohibiting driving under the influence of alcohol and drugs, many people still take the wheel after drinking too much. Drunk driving accidents often result in severe injuries or even death. In the U.S., 37 people die in drunk driving accidents every day.
If you or a loved one has been hit by a drunk driver, you deserve to be compensated. These are the common types of compensation you can seek after a drunk driving accident.
Medical Expenses
You’ll incur medical expenses to get treatment for your accident injuries. In some cases, you may need long-term healthcare. So, you can seek compensation for your current and future medical bills.
Lost Wages
If you need to take time off from work to recover from your injuries, you can seek compensation for missed paychecks.
Pain and Suffering
A car crash can leave you with severe discomfort. You can pursue compensation for pain and suffering, mental anguish, and other intangible losses.
Wrongful Death
In case of the death of a loved one in a drunk driving accident, you can seek compensation for wrongful death. You may also pursue punitive damages against the drunk driver if they were grossly reckless in their action.
Who Pays You After a Drunk Driving Accident?
The first stop when seeking compensation for a drunk driving accident is the at-fault driver’s insurance company. You’ll need to file a claim with the insurance company. The insurer will investigate the accident and either approve your claim or reject it.
In addition to the insurance company, you may also go after the bar or restaurant that sold alcohol to the driver who caused the accident. This may be a necessary step if the driver’s policy limit isn’t enough to cover your losses. In that case, you may also need to go after the at-fault driver directly with a personal injury lawsuit.
The Right Steps to Take After a Drunk Driving Accident
Whether you are filing a claim with the at-fault driver’s insurance company or going to court, you need strong evidence to back up your claims. This means that if you have been in a car crash and suspect the other driver was drunk, you need to take the right steps to protect your rights and ensure justice is served.
Below are some of the important steps to take:
Call the Police
Call the police to report the accident. Wait at the scene until the police arrive. The officers will process the accident scene, and their findings can serve as evidence in your case.
For example, the police ticketing the other driver for driving under the influence can help you prove fault. Follow up to obtain the police accident report.
Seek Medical Attention
If you have been in a drunk driving accident, see a doctor immediately and request a thorough examination. You should do this even if you don’t have any visible injuries. Going to the hospital helps document your injuries and provides proof of medical expenses.
Take Pictures of the Accident Scene
If you have a phone or camera with you, take pictures of the accident scene. You may ask someone around you for help to document the scene if you can’t do it yourself. Be sure to capture details like the position of the cars, traffic signs, and skid marks.
Also, document any visible injuries and preserve your clothes and footwear.
Contact a Reputable Lawyer
You need to have an experienced DUI accident lawyer on your side. The lawyer can help you collect and preserve crucial evidence.
Moreover, the lawyer will advise you on how to speak to the at-fault driver’s insurance company to avoid mistakes that can jeopardize your claim.
Getting Fair Compensation in a Drunk Driving Accident Claim
If you have piling medical bills, can’t work because of your injuries, or have a permanent disability, you deserve compensation that addresses your needs.
The problem is that insurance companies always try to deny or underpay claims. That’s why you should never deal with insurance companies alone. They can rush you into accepting a lowball settlement offer, reject your claim, or drag their feet past the statute of limitations.
An experienced car accident attorney is aware of insurance companies’ unfair tactics and knows how to counter them.
First, your lawyer will help you gather strong evidence that is hard for the other party to dispute. This can involve bringing expert witnesses to testify or using subpoenas to obtain documents that you might not get on your own.
Moreover, your attorney will estimate your losses accurately and negotiate aggressively to ensure you get proper compensation. If negotiations fail, your lawyer will be ready to fight for you in court.
Therefore, having a good lawyer on your side is the best way to ensure you get fair compensation after a drunk driving accident.