According to the National Highway Safety Traffic Administration, around 30 people die in a drunk-driving accident every day in the United States. Driving While Impaired (DWI) or Driving Under the Influence (DUI) is quite dangerous and also illegal.
DUI or DWI is a criminal offense and states charge drivers found guilty of this crime with hefty penalties, including jail time. While such penalties punish the at-fault party and help to deter DWI, they do nothing to help the victims of the accident or their family members.
To help deal with the effects of such accidents, victims can sue a drunk driver for a car accident and get compensated for their loss, injuries, damages to their property, and other damaging effects of the accident.
DUI Is Negligence
To have a valid personal injury case, victims must prove that the at-fault party was negligent. This is determined by establishing a duty of care, a breach of the duty of care, and its connection to the victim’s injuries.
All drivers have a duty of care to other road users. While on the road, they should obey traffic rules and stay alert to avoid putting lives at risk. When they fail to do this, they can be found negligent and liable for their actions.
A driver is guilty of breaching their duty of care when they are aggressive, distracted, or DUI. If you were in an accident that involved a drunk driver, you can hold them accountable for their negligent actions and sue them for personal injury or wrongful death.
When You Should File a Lawsuit
States have a statute of limitations for such cases; the law varies from state to state. Speak to a lawyer as soon as possible after the crash to know your state’s laws, including how much time you have to file your claim.
Several personal injuries or wrongful death claims are settled out of court. Therefore, your lawyer will file a claim with the at-fault insurance company and negotiate a settlement. If the insurer disputes liability or makes a very low offer, your lawyer can file a lawsuit suit and take the case to court.
How Long Does the Case Take to Be Resolved?
Such lawsuits can take a lot of time to resolve, especially if they go to trial. These cases involve a lot of investigation, witnesses, experts, and more. Both the defendant and plaintiff will want the ruling to favor them. To do this, they will take time to gather evidence and other documentation to support their claim.
The case can take months or years to resolve. Your attorney’s main goal is to get you maximum compensation and they should fight for that.
How Will the Drunk Driver Be Punished?
Though DUI is illegal in all states, the laws that govern it vary from state to state. Each DUI case is also different. A driver can risk having their license suspended, serving some time in jail, paying hefty fines, and at times, the court may ask them to pay the victim punitive damages.
As mentioned before, a DUI offense is a criminal offense. The offender will be punished in accordance with state laws. However, if you are a victim of their actions, you can also file a civil suit against them to seek reparations, which is entirely separate from their criminal charges.
How Much Compensation Will I Recover?
The amount of compensation that you can recover will depend on the severity of your injuries and other effects of the accident. The court can award you economic damages such as medical bills, lost wages, and more. You can also recover non-economic damages, like pain and suffering, and punitive damages.
Contact an Experienced Car Accident Lawyer Near You
Suppose you were injured by a drunk driver, whether as a driver, passenger, motorcyclist, or any other road user, you have a right to file a lawsuit against them and claim all your damages. To do this, you will need the help of an experienced car accident lawyer in your area. Get in touch with the right lawyer in your area as soon as possible and file a claim.
