If you’ve been involved in a drunk driving car accident, having a lawyer on your side is essential. A personal injury lawyer will ensure that you receive fair compensation for your injuries, damages, and suffering. They can also gather key evidence, such as police reports and BAC test results, to prove the at-fault driver was intoxicated. A drunk driving accident lawyer will handle all communication with insurance companies, negotiating for a better settlement and protecting you from being under-compensated. If necessary, they can file a lawsuit on your behalf and take your case to court. Finally, a lawyer will help you understand your rights and make sure you don’t overlook potential compensation, including medical bills, lost income, and pain and suffering.
Types of Car Crashes that Drunk Drivers Frequently Cause
Drunk driving is a major cause of traffic accidents, often leading to serious injuries and fatalities. The types of crashes that result from drunk drivers can vary, but certain patterns are more common.
One of the most frequent types of accidents is the T-bone. When a driver is intoxicated, their ability to judge distances and react to oncoming traffic is severely impaired. This often results in the vehicle swerving into the opposite lane, directly into the path of another vehicle. Head-on collisions are particularly dangerous because of the high speeds involved, and they tend to cause severe injuries or death for both drivers and passengers.
Another common type of crash is the rear-end collision. Drunk drivers often struggle with maintaining a safe distance from the vehicle in front of them. Their delayed reaction times make it difficult to stop in time when the car ahead slows down or stops.
Side-impact crashes, also known as T-bone accidents, are also a significant risk when a person is driving under the influence. These collisions occur when one car crashes directly into the side of another – often at an intersection. Drunk drivers may fail to stop at red lights or stop signs, leading to a collision with another vehicle that has the right-of-way. T-bone accidents can be especially dangerous because the side of a car offers less protection than the front or rear, increasing the risk of serious injuries.
Drunk driving is also a common cause of single-vehicle accidents, where the driver loses control of their vehicle. Alcohol frequently impairs motor skills, coordination, and decision-making, making it easier for drivers to veer off the road or hit a fixed object like a tree, guardrail, or utility pole. These accidents can happen at high speeds, especially on highways or rural roads, where drivers may feel they have more freedom to drive recklessly. Passengers who are injured in single-vehicle crashes may be eligible to file a claim with the at-fault driver’s insurance company.
Finally, drunk driving can lead to accidents involving pedestrians or cyclists. Intoxicated drivers have a reduced ability to notice pedestrians or react in time to avoid hitting them – especially at crosswalks or in poorly lit areas. The consequences for pedestrians involved in such accidents are often fatal, given their lack of protection compared to drivers and passengers in vehicles.
Injuries in Drunk Driving Car Accidents
Drunk driving accidents often result in severe injuries due to impaired judgment, slowed reaction times, and loss of motor control that intoxicated drivers experience. Some of the most frequent injuries in drunk driving crashes include head injuries, broken bones, spinal cord injuries, and internal injuries.- Head injuries are among the most common and serious in drunk driving crashes. The force of impact during a collision can cause the victim’s brain to collide with their skull, leading to concussions, traumatic brain injuries (TBIs), or skull fractures. In severe cases, these injuries can cause long-term disabilities, cognitive impairments, or even death. The risk of head injury is especially high in high-speed crashes or head-on collisions, where the force of the impact is greater.
- Broken bones are another frequent result of drunk driving car accidents. The violent nature of a crash can cause bones to fracture in various parts of the body, including the ribs, legs, and arms. Fractures often occur when the body is thrown forward and comes into contact with the steering wheel, dashboard, or seatbelt. In some cases, broken bones can require surgery or long-term rehabilitation, leading to prolonged pain and loss of mobility.
- Spinal cord injuries are also common in drunk driving accidents, especially when the crash involves a violent jolt or impact to the back. A damaged spinal cord can lead to partial or complete paralysis, depending on the severity and location of the injury. These injuries can have life-altering consequences, often requiring extensive medical care, therapy, and lifestyle adjustments.
- Internal injuries are also frequently sustained in drunk driving crashes. The force of a collision can cause damage to internal organs such as the lungs, liver, spleen, or kidneys. These injuries are difficult to detect immediately, as symptoms may not be obvious at first. Internal bleeding, for example, may only become apparent after a few hours, and without prompt medical intervention, it can be life-threatening.
How Can an Attorney Help with Your Drunk Driving Car Crash Case?
An experienced lawyer can be vital when handling a drunk driving car accident case, as they bring knowledge, skills, and resources that can significantly improve your chances of obtaining fair compensation. One of the primary ways an experienced personal injury attorney can help is by gathering and analyzing evidence. In drunk driving cases, evidence is key to proving that the at-fault driver was intoxicated at the time of the crash. A skilled lawyer knows how to obtain police reports, blood alcohol content (BAC) test results, and witness statements. They will also work with accident reconstruction experts who can establish the sequence of events leading to the crash. This evidence will be essential in building a strong case to show the driver’s liability. Another critical role that an attorney plays is navigating the complicated legal process. The legal system can be difficult to understand, and drunk driving cases often involve multiple parties, including the drunk driver’s insurance company, the victim’s insurance company, and potentially even bars or restaurants that overserved alcohol to the driver. An experienced lawyer understands how to communicate with these parties, file the necessary paperwork, and meet deadlines. They can also handle legal procedures like depositions, motions, and hearings, ensuring that the case progresses smoothly and that the victim’s rights are protected. An experienced attorney also knows how to negotiate effectively with insurance companies. Insurance adjusters often try to settle cases quickly and for as little money as possible – especially in drunk driving accident cases where liability is clearer. A lawyer can use their negotiation skills to secure a better settlement than the victim can achieve on their own. If a fair settlement cannot be reached, the lawyer is prepared to take the case to trial, where they can advocate for the victim in front of a judge or jury. Additionally, an experienced personal injury lawyer can help the victim understand the full extent of their damages, including medical bills, lost income, Pain and Suffering, and any future costs related to the injury. They will also work to ensure that the drunk driver is held accountable for their actions, possibly even seeking punitive damages if the driver’s behavior was especially reckless.Drunk Driving Car Accident Claims and Lawsuits
The purpose of a drunk driving car accident claim is to seek compensation for victims who suffered an injury in the crash, hold the drunk driver accountable, and ensure that justice is served. It may also involve filing a lawsuit, which alleges that the drunk driver was negligent and caused harm to the accident victim (the plaintiff) – whether it’s a physical injury, emotional distress, or property damage. In drunk driving accident cases, one of the key elements to prove is that the at-fault driver was under the influence of alcohol or drugs at the time of the crash. This evidence can come from various sources, including police reports, breathalyzer tests, blood tests, or witness testimony. Once this element is established, the focus shifts to showing that the driver’s impaired state directly led to the accident. A skilled personal injury attorney can present evidence such as accident reports, eyewitness accounts, and expert testimony to demonstrate that the drunk driver’s actions were reckless and caused harm. In addition to proving liability, the plaintiff must also prove the extent of their damages. This can include medical bills, lost income, property damage, and pain and suffering. In many cases, victims of drunk driving accidents may claim punitive damages as well, which are meant to punish the drunk driver (the defendant) and deter future reckless behavior. However, these types of damages are harder to obtain and typically require showing that the driver’s actions were particularly egregious, such as repeat offenses or an excessively high BAC level. Claims and lawsuits may also involve negotiating with insurance companies. Often, these negotiations are time-consuming and require careful strategy. While some drunk driving cases settle out of court, many go to trial, where a judge or jury will determine the outcome.Types of Compensable Losses in a Drunk Driving Car Crash Case
When pursuing a drunk driving car crash claim or lawsuit, victims have the right to seek compensation for the various damages they’ve suffered. The purpose of these compensations is to restore the victim, as much as possible, to their pre-accident state. The most important losses typically include medical expenses, lost income, pain and suffering, and, in some cases, punitive damages.
One of the most common damages sought in a drunk driving claim is medical expenses. These can cover a wide range of costs, from emergency room visits and surgeries to long-term physical therapy or rehabilitation. Medical expenses can quickly add up – especially in serious crashes that require extensive treatment. Victims may also be entitled to compensation for future medical costs if they need ongoing care, such as therapy or surgeries, due to permanent injuries sustained in the accident.
Lost earnings are another crucial form of recoverable loss. If the victim is unable to work due to injuries, they can claim compensation for all of the income they’ve lost. In some cases, if the injury is severe enough to affect the victim’s ability to work long-term or permanently, the victim may also seek compensation for diminished earning capacity. This compensation can help cover the financial strain of being unable to return to work or losing the ability to earn at the same level as before the accident.
Pain and suffering compensation is more subjective but just as important. This category accounts for the physical and emotional distress directly resulting from the accident and the injuries sustained. Pain and suffering damages can include both the immediate pain of the injury as well as long-term emotional suffering, such as anxiety, depression, or PTSD, which can result from the trauma associated with the crash. The amount of pain and suffering compensation awarded typically depends on the severity of the injuries and their effect on the victim’s life.
Finally, punitive damages may be awarded in cases where the drunk driver’s behavior was especially reckless or egregious. These damages are not meant to compensate the victim directly but to punish the defendant for their actions and deter others from driving while under the influence. Punitive damages are not guaranteed and are typically only awarded in cases where the drunk driving was particularly harmful, such as repeat offenders or extremely high BAC levels.
Together, compensation for these various losses helps victims of drunk driving accidents recover financially from the harm they have endured.