Drunk driving accidents are a major cause of serious injuries and fatalities in the United States. Victims of these accidents, or their families, often seek compensation for the damages they have suffered. When someone is injured or killed due to a drunk driver’s actions, they are generally entitled to compensation through civil lawsuits or insurance claims. Understanding how to recover compensation in these cases can help victims secure the financial relief they deserve.
Liability in Drunk Driving Accidents
In a drunk driving accident, the intoxicated driver is typically the primary party held liable for the crash. Driving under the influence (DUI) is considered negligence per se, meaning that simply by breaking the law (in this case, driving while impaired), the driver is presumed to have acted negligently. This can simplify the process of proving fault compared to other types of personal injury cases, where negligence must be more thoroughly demonstrated.
While the drunk driver is usually the defendant in a claim, other parties could also be liable in some cases:
- Dram Shop Laws. Some states have dram shop laws that allow victims to hold a bar, restaurant, or social host responsible if they served alcohol to an obviously intoxicated person or a minor, who then caused an accident.
- Employer Liability. If the drunk driver was acting within the scope of their employment when the accident occurred, the employer may also bear some responsibility.
Types of Compensation Available
Victims of drunk driving accidents can recover compensation for both economic and non-economic damages. Depending on the severity of the accident and the extent of the injuries, compensation may cover a wide range of losses.
Medical Expenses. Victims are entitled to recover the full cost of all medical care required due to the accident. This includes hospital stays, surgeries, doctor’s visits, medications, rehabilitation, and any future medical care necessary as a result of the injuries.
Lost Wages and Earning Capacity. If the injuries prevent the victim from working, they can seek compensation for lost income during their recovery period. Additionally, if the accident leaves the victim permanently disabled or unable to work at the same capacity, they may also recover compensation for the loss of future earning capacity.
Property Damage. Compensation for damage to the victim’s vehicle and other property damaged in the crash is also recoverable. This may include the cost of repairs or replacement.
Pain and Suffering. Victims of drunk driving accidents often experience significant physical and emotional pain, for which they can seek compensation. Pain and suffering damages are typically based on the severity of the injury, the victim’s age, and the impact on their quality of life.
Emotional Distress and Mental Anguish. Beyond physical pain, victims may suffer from emotional trauma, anxiety, depression, or post-traumatic stress disorder (PTSD) as a result of the accident. Non-economic damages can help address these less tangible losses.
Punitive Damages. In cases where the driver’s actions were especially reckless, punitive damages may be awarded. Punitive damages are intended to punish the at-fault party and deter similar behavior in the future. Drunk driving is often seen as willful or grossly negligent conduct, making punitive damages more likely in these cases.
Steps to Recover Compensation
It is important for accident victims to follow the proper procedure to recover compensation for their injuries.
- Filing a Claim with Insurance. In most cases, the victim’s first step is to file a claim with the drunk driver’s insurance company. Every driver is required to carry liability insurance, which covers damages they cause in an accident. In some cases, victims may also file claims with their own insurer if they have uninsured/underinsured motorist coverage and the drunk driver lacks sufficient coverage.
- Gathering Evidence. To maximize the chances of a successful claim, victims should gather as much evidence as possible. This includes police reports, witness statements, photos of the accident scene, medical records, and documentation of any financial losses.
- Filing a Lawsuit. If the insurance settlement offer is insufficient, or if the insurer denies liability, the victim can file a personal injury lawsuit against the drunk driver. In a civil lawsuit, the burden of proof is on the plaintiff to show that the driver’s intoxication directly caused the accident and the resulting damages.
- Consulting Legal Counsel. Given the complexity of these cases, victims often benefit from hiring an attorney experienced in personal injury or DUI-related accidents. An attorney can help navigate insurance negotiations, gather expert testimony, and represent the victim in court if necessary.
Statute of Limitations
The timeframe for filing a personal injury claim after a drunk driving accident varies by state but is typically between two to four years. If the victim does not file their claim within this period, they may lose the right to seek compensation. Therefore, it is critical to act quickly after the accident.
Recovering compensation in a drunk driving accident is crucial for victims dealing with the physical, emotional, and financial toll of the crash. By pursuing a claim through insurance or a lawsuit, victims can recover damages for medical expenses, lost wages, property damage, and other losses, while holding the responsible party accountable for their reckless actions.
At Barber & Associates, we work with victims of drunk driving accidents to ensure that their rights are protected. Give us a call today to see how we can help you!