Featured News 2014 In an Accident with a Drunk Driver? Learn Your Options for Compensation

In an Accident with a Drunk Driver? Learn Your Options for Compensation

In the United States, nearly 1 out of every 3 accidents will involve a drunk driver, tragically accounting for thousands of injuries and deaths every year. Unlike other vehicle accidents, a DUI accident is a criminal offense. The criminal proceedings will be separate from any civil claims though. A civil claim is what you must file to get the compensation you deserve if you or a loved one has been in a drunk driving accident. This compensation is known as financial "damages":

  • Special damages refer to the medical bills, income loss, and further financial losses that have been forced on you because of the accident.
  • General damages are the losses that you cannot measure, such as your pain and suffering.
  • Punitive damages are rather like a fine against the guilty driver, a penalty for severely irresponsible actions

It is very possible that the intoxicated driver's insurance adjuster will try to settle your claim rapidly in order to pay as low a settlement as is possible. At the very least, a fast settlement would get them out of having to pay for your upcoming medical bills. When you get that call and that initial offer, remember that the insurer is not trying to compensate you, but is trying to safe their business as much money as possible. You can talk to an attorney about what you are truly owed in an insurance claim. A lawyer can also help you understand additional options you may have under your state's laws, such as filing a lawsuit against an irresponsible bar that over served the driver.

Dram Shop Liability and Social Host Laws

Present in some states, dram shop laws mean that you can also go after a bar or some other establishment that served alcohol to the driver before he or she took to the road. If there is a social host law in your state, you may also be able to go after whoever at an event was responsible (such as a fraternity or sorority) for serving alcohol to a minor or to someone who was obviously drunk already. In other cases, you might be able to pursue compensation through a negligent entrustment claim, meaning that you could sue a car owner who knowingly let a drunk person drive their car. One further option you may have is workers compensation, which could apply if you were hurt while on the clock.

Is the other driver uninsured (or underinsured)?

If someone is irresponsible enough to get behind the wheel after drinking, they are often irresponsible enough to drive without any coverage either. Other drunk drivers may have limited insurance, limiting your ability to get the compensation you deserve. If this is your case, you may be able to seek compensation from your insurance policy, an Uninsured Motorist or Underinsured Motorist policy. Your own insurer can compensate you if you have these policies.

As any injury claim is complex, and as you may have so much riding on the success of your claims, it is advisable to at least consult a local car accident attorney. A legal professional will be familiar with your state's laws, and they can inform you of your options, and what the best course is for recovering financially from a DUI accident. If you work with a car accident lawyer, you can be prepared for what the injury claim process will look like, and you can save yourself stress by leaving the technical details to a legal expert, freeing you up to focus on recovering. You can find the trusted legal help you deserve on our directory today!

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