Drunk Driving And Injuries In A Car AccidentLast updated on: November 4, 2022
Thousands of people die each year in accidents with drunk drivers, and even more are injured. In fact, according to the National Highway Traffic Safety Administration, a third of traffic crash fatalities are caused by drunk drivers. If you are involved in a car accident due to a drunk driver, you may be frustrated with insurance companies, hospital bills, and other issues. However, you do not necessarily have to handle the aftermath of a car accident on your own.
If you or your loved one has been injured in a car accident with a drunk driver, you may be entitled to compensation. Call Zinda Law Group at (800) 863-5312 for a free consultation with one of our drunk driving accident injury lawyers.
What factors are considered in DUI accidents?
In the event of a collision with a drunk driver, you’ll want to assess all conditions of the road before claiming fault. While it might be obvious to you that whoever wrecked your car was drunk, you’ll have to be able to provide that to either an officer or the court. Certainly, if an officer is there they will administer a safety test and then you’ll have a better chance at seeking compensation.
When seeking compensation you’ll want to see how viable it is for you to recoup compensation. Some individuals may be facing criminal charges or may even be in jail by the time you’ve sued them making it nearly impossible to get any funds.
The final charge will be determined by the court for how intoxicated the driver was, how injured other party’s are, environmental damages, and finally any reckless driving charges will all be considered. It should also be known that denying a field sobriety test or BAC test will be noted in the case.
In a DUI car accident, victims can recover various damages if the fault of another is proven
In addition to the damage these substances can cause to the person taking them, driving while drunk or under the influence of any impairing substance could result in either you or someone else suffering from injury. The most common injuries suffered from accidents involving drunk drivers include the following:
- Brain injuries
- Spinal Cord Injuries
- Internal Organ Damage
It’s important to seek any medical care after an injury and to make note of it or have some form of verified documentation of the visit as it will come in handy later.
All of these injuries can be compensated for if a drunk driver caused them with a collision.
More than injuries, damages for DUI victims can be economic and non-economic. Economic meaning billable damages like a bill for fixing your car or having to get a new one, or a medical visit.
Non-economic damages are harder to categorize but will be best quantified by a lawyer who can argue on your behalf. They usually include things like pain and suffering and loss of employment.
The importance of seeking medical attention
While you may think nothing of a head injury and walk it off, a concussion can be severe and cause further damage if not treated.
Even if it’s a simple scrape, getting it looked at and treated will help your case to seek compensation seeing as the injury was so severe you had to go to the hospital.
Different levels of injury have different consequences in a DUI case; the worst being Grand Bodily Injury which in some cases will result in a felony charge and fine with the possibility of jail-time.
Reporting the Accident to the Police
It’s imperative you report these types of accidents to the police as the driver may not be in the right headspace to deal with the accident. It also provides an added layer of security for your and others as someone who is drunk could easily become aggressive and belligerent.
Further, having an officer around will guarantee you will have a securely detailed recount of the accident by all parties. It will also determine the level of intoxication of the driver leading you right to the claim.
What happens if I don’t have insurance?
While this changes state to state, generally you will have to contact the driver’s insurance to recoup any compensation and might have to settle for something less than what you’re expecting.
It’s important to have an attorney at this stage if you believe you require a large amount of compensation for your damages as they will have other tactics designed to put you back to the place you were before the accident.
You may need to take a blood alcohol test
In any accident that was potentially caused by an impaired driver, an officer will distribute field sobriety tests in the form of a breathalyzer and routine tests to determine whether or not you’re able to drive. Should you defer these, you will be asked to give a blood alcohol test.
Depending on your height and weight, even a small drink can leave you intoxicated enough to not be able to legally drive while you might not even feel that drunk.
The different levels of blood alcohol concentration will have different levels of severity in the case but are all determined by whichever state the accident was in.
Will my insurance company defend me in court?
This will mostly depend on your state but it’s possible your insurance will cover the cost of damages associated with the accident if you are impaired.
While they may cover the damages, it is most likely then that your driver’s insurance premium will be raised and you’ll still have to pay for other damages and fines.
In this situation it’s crucial to have an attorney who can assess the situation and help figure out what you can pay and what you won’t have to pay.
NEED HELP? CONTACT ZINDA LAW GROUP TODAY
Waiting to contact an attorney after your accident can be detrimental to your case. It’s important to line up your evidence and contact an attorney so they can help guide you through the process and keep your best interests first.
If you or a loved one was injured in an accident involving a DUI you may be entitled to compensation. Contact the lawyers at Zinda Law Group today to receive a free consultation with a no win no fee guarantee.
Call 800-863-5312 to speak with an experienced attorney today.