What Legal Options Are There for Drunk Driving Accident Injuries?

If you’ve been injured in a drunk driving crash and would like to learn your legal options, don’t hesitate to reach out. At Shapiro, Washburn & Sharp, we can evaluate your case and determine your recourse for recovering damages. Call us today at 833-997-1774 for a free consultation.

What Is a Drunk Driving Accident?

Drunk driving accidents occur when a driver operates a vehicle under the influence of alcohol or drugs, impairing their ability to safely control the vehicle. In the United States, a driver is typically considered legally intoxicated if their blood alcohol concentration (BAC) exceeds 0.08 percent. However, even drivers with lower BAC levels can be impaired, and alcohol’s effects can vary depending on factors such as body weight, tolerance, and the amount of alcohol consumed.

Accidents involving drunk drivers often lead to severe injuries or fatalities because intoxication impairs essential driving functions, such as reaction time, judgment, and coordination. The consequences of these accidents can be life-altering, resulting in physical disabilities, emotional trauma, and financial hardship.

What Are the Key Steps in Pursuing a Drunk Driving Car Accident Claim?

If you are involved in a car accident caused by a drunk driver, there are several key steps to follow to pursue a claim for compensation:

Seek Medical Attention

The first priority after an accident is to seek medical attention, regardless of how minor the injuries may seem. Even injuries that appear to be minor can worsen over time, so it is essential to get checked by a medical professional. Proper documentation of injuries will also serve as vital evidence if you decide to pursue a legal claim.

Gather Evidence at the Scene

If you are physically able to do so, gather as much evidence as possible at the accident scene. This can include taking photographs of the damage to both vehicles, the surrounding area, and any visible injuries. Obtain the contact information of any witnesses who saw the accident, as their testimonies could strengthen your case.

It is crucial to document the police report, as this will contain important details about the drunk driver’s condition at the time of the accident, such as their BAC level, whether they were arrested, and any other relevant information.

File a Police Report

Always file a police report after a drunk driving accident. A police officer will conduct an investigation, including breathalyzer tests or blood tests to determine the driver’s BAC level. The police report will be an essential piece of evidence that can support your claim. It may also include charges or citations issued to the intoxicated driver, which can further strengthen your case.

How Can a Car Accident Lawyer Help with a DUI Crash Case?

Drunk driving car accident claims can be legally complex, and working with a personal injury attorney with experience with such cases is highly recommended. A lawyer can help you understand your legal rights, guide you through the claims process, and ensure you meet all necessary deadlines for filing claims.

Your attorney can also help you gather the necessary evidence, such as medical records, witness testimony, and accident reports, to build a strong case. Additionally, a lawyer will negotiate with insurance companies to ensure you receive fair compensation for your injuries.

In a drunk driving accident, the intoxicated driver is typically considered at fault, and their actions are classified as negligent. This makes it easier to pursue a claim for damages. However, liability can sometimes be shared or disputed, depending on the circumstances of the accident.

In certain cases, third parties may also be held liable. For instance, if the drunk driver was overserved alcohol at a bar or restaurant, that establishment may be held accountable under “dram shop” laws. These laws allow victims to pursue legal action against businesses that serve alcohol to an already intoxicated person who later causes an accident.

What Damages Are Available in Drunk Driving Car Accident Claim?

Victims of drunk driving accidents can seek compensation for various types of damages. These include damages for medical expenses, lost wages, pain and suffering, scarring, and permanent disability.

In some cases, the court may award punitive damages to punish the drunk driver for their reckless behavior and deter others from similar actions. If the driver’s BAC level was 0.15 percent or higher, Virginia law states that punitive damages can be submitted to a jury. Punitive damages in a drunk driving case are much different than compensatory damages. Their purpose is to punish the at-fault driver and send a message to society that this behavior will not be tolerated.

How Can Our Personal Injury Firm Help?

At Shapiro, Washburn & Sharp, we have decades of experience handling personal injury claims. We understand how to navigate the legal process and work with you to maximize the value of your car accident case.

If you’ve been injured in a drunk driving accident, feel free to give us a call at any time. We’d be more than happy to discuss your case, your options, and the best plan of attack to ensure that you are fairly compensated and taken care of for your injuries.

Call us at 833-997-1774 to schedule a free consultation, and let us help you get the compensation you deserve.