Your one stop resource for information on vehicular accidents.
When You’re the Victim of a Drunk Driving Accident
According to the CDC, alcohol-related crashes in the U.S. cost approximately 51 billion dollars every year and the Office for Victims of Crimes estimates that 30 percent of Americans will be involved in an alcohol-related accident at some point in their lifetime. Drunk driving has affected countless numbers of lives and are tried differently than traffic accidents where alcohol is not involved. Therefore, it is not only important to know what to do when you are involved in a car accident (see What to Expect When You’re in a Car Accident and How to Preserve Evidence after a Car Accident), but it is essential to seek legal advice to learn about your rights when your life is affected by a drunk driver.
Alcohol is usually considered an aggravating factor in car accidents. An aggravating factor is a reason why someone who has plead or been found guilty should receive a more harsh sentence. It is also something that is used to increase the value of a claim above and beyond what it would have been had the aggravating factor not been a factor in the claim. When aggravating factors are involved in a claim, you are filing for punitive damages. Punitive damages are awarded to reform or deter the defendant from repeating the reprehensible behavior that caused your damages and/or injury. A drunk driver accident attorney will know how to file for punitive damages and can help you understand different factors that may help you receive the full compensation that you are entitled to.
Another thing to think about when you are the victim of a drunk driving accident is who is liable for the accident. While the obvious answer may be the drunk driver, in some circumstances dram shop liability (see article link) may apply; that is, the party that supplied the liquor may also be held liable. Therefore, it is important to understand that when you are involved in a drunk driving accident, you may have multiple claims to file. An experienced drunk driver accident attorney will be able to investigate your claim and prosecute for the maximum amount of compensation that you are entitled to.
In addition to civil charges, drunk drivers are often subject to criminal charges. As such, you may be entitled to recover some of your damages through state victim assistance and compensation programs. Some states offer these programs to help reimburse crime victims and offer victim services when a drunk driver does not have liability insurance. An experienced drunk driver attorney will know how to help you recover losses and will be familiar with state programs that offer assistance to victims of drunk driving accidents.
Also be aware that when insurance claims adjustors contact you they are trying to establish liability and limit damages. To avoid inadvertently reducing your damages, it is best to have an attorney with experience handling drunk driving claims handle all communication with your insurance agency. If the other person’s insurance company contacts you, it is best to say that you are not prepared to speak with them at that time and tell them you will have your attorney contact them. Allowing your drunk driver accident attorney to work with the insurance agencies will help you avoid financially painful mistakes.
When selecting an attorney to represent your drunk driving claim, it is important to know how many victims your potential lawyer has represented. You will also want to ask the attorney if he or she is willing to seek damages against the party or establishment that served the drunk driver alcohol and if they are willing to pursue criminal charges against the drunk driver. It is also good to know the success the attorney has had representing victims of drunk driving accidents. Hiring an attorney with expertise in trying drunk driving claims and a proven track record of success will increase your chances of obtaining a fair recovery.
Drunk driving accidents cause tremendous amounts of suffering and there are several organizations that are working to not only reduce alcohol-related accidents but eliminate drunk driving accidents. These organizations also offer programs and information for people whose lives have been affected by drunk drivers. If you would like more information about resources for victims of drunk driving accidents, you can contact the following organizations: Mother’s Against Drunk Driving, Impaired Driving (Drugs & Alcohol) Safety Program, Remove Intoxicated Drivers-USA, and Witness Justice.
In the state of texas, your life and livelihood is just over!. you will be treated like you are public enemy #1. the accident will be used to deny you employment.and you will not qualify for any type of assistance, nothing. and no organization will help you either, i.e.;madd or any other entity of that nature.it makes me mad as hell to see these damn fools talking about laws to protect the public, when the laws only protect the wealthy and elite. they don’t give a damn about who the witness is either. it’s just abot the bottom line(profit)victims go to hell !
Just can’t wait to read your next post
I don’t know what the statistics are for someone getting hit by a drunk driver twice in 1 year are, but that is infact what happened to me!! 2 separate accidents, both by illegal immigrants without insurance… The second accident landed me in the hospital and I’m currently at close to $20,000 in medical bills… The VOC is helping with ER bills, but that doesn’t come close to touching the rest of the bills… Any other advice??
My daughter, 42 years old, single mother, was hit by a DUI driver on November 14, 2010, He had no insurance, driving on suspended licenses, and several DUI offeneses. He was driving at high speed 100MPH in a 45 MPH Zone. He ran into the back of her and the accident report said driving too close and on suspended licenses.We’re fighting hard trying to get something done. Believe me it is a battle, can’t find an attorney because he didn’t have insuranc so therefore ther’s no money on his part. My daughter is paralyzed from chest down the rest of her life and he is out walking around, I just want justice for my daughter and to make sure he doesn’t hurt anyone els She is still in hospital. facing more surgeries and will never walk again and a 10 year old to raise Is there any help or advice we can get.
Do you know of any cases where Plaintiff recovered punitive damages against a defendant at fault driver who injures plaintiff while driving on a license that had been suspended before the accident date because of a sentence for a prior DUI? (Not dui at time of accident.)
This past Sunday, I was hit by a drunk driver… I can’t find any help anywhere on what to do. Almost as if all the lawyers had block any kind of information that could help me to get repairs done for my car. I was lucky no one was really hurt, other than a few minor bruses. Reading this makes me want to start a website (non-profit) to be able to at least provide some guidance on what to do, other than hiring an attorney.
4/4/2012 DRUNK DRIVER 2ND OR 3RD offence pulled out in front of me at 8:49 PM, children in my car, totaled my vehicle, cant tell you anything else at this time, LEGALITY REASONS , these were my grandchildren and GRANDPAW LOVES HIS GRANDCHILDREN and I have learned not to make hasty quick decisions , DRUNK DRIVERS DONT CAUSE ACCIDENTS THEY ARE A , there is no human language to explain what they are , this is part of being the victims but they will wish to be what they were not before its over, TIME AND HONEST WISDOM PREVAILS OVER EVIL, EVERYTIME.