Compensation for Being Hit by a Drunk Driver
There is no amount of compensation for being hit by a drunk driver that covers the cost of pain and suffering caused by a serious injury or the loss of a loved one. Drunk driver accidents are completely preventable and a to drive under the influence of alcohol is a seriously negligent act punishable by State and Federal Laws.
Is there Compensation for Being Hit by a Drunk Driver
Car accidents involving drunken drivers can result in serious fines and jail sentences for the driver, but they can also be subject to civil charges. If you or someone you love was involved in a car accident with a drunken driver, you can file a lawsuit and our Auto Accident Attorney Network is standing by to assist right across the United States and Canada.
As with any car accident, you have the legal right to assert claims for damages that are not covered by the insurance policy of the drunk driver and indeed, their policy may refuse to cover them in the event they are driving under the influence of alcohol. The filing of a lawsuit for drunk driving is therefore becoming much more common as drunk driving victims demand fair, just and equitable compensation from the perpetrators.
Drunk Drivers are Held Liable for Car Accidents and Compensation
According to the United States Department of Transportation over 4.2 million adults in the United States reported driving under the influence of alcohol.
Around three people are killed every two hours on roads in the United States and alcohol-related highway crashes accounted for 14,888 deaths in 2018, with a knock on cost to Americans of an estimated $44 billion.
A driver convicted of drunk driving can face serious criminal consequences, including jail sentences, fines, license revocation, alcohol abuse testing and an ignition lockout program. However, a driver causing a DUI accident can also be held liable for any damage caused by the accident. If you are injured in an accident caused by a drunk driver, you must take steps to protect your right to compensation for your injuries.
How to Get Compensation for Being Hit by a Drunk Driver
• In any serious collision the emergency services will be on science and will take samples from all parties. If you are able, make sure to ask this has been done.
• Immediately after a minor accident, if you suspect the other driver to have had even a whiff of alcohol dial 911 and get the Police to the scene. Explain that you suspect you’ve been hit by a drunk driver.
• Contact your insurance company and the other parties’ insurers as soon as practicable. Make sure to mention the other party was driving under the influence.
• Reach out to an auto accident attorney for a free consultation. Even if you don’t engage one it is good to know your options.
• Make sure you get hold of the entire police DUI file
• Keep records of all medical expenses
• Keep records of all lost earnings, repairs, and out of pocket expenses
• Don’t accept the first offer from a guilty drunk driver or their insurance company and always negotiate with the auto insurance loss adjuster
• Remember, you are in the right, even though you may be made to feel grateful .
• Always threaten Court. Always say you intend to go all the way (and act like it) even if you end up accepting an offer.
Compensation for Being Hit by a Drunk Driver without Insurance
If you’re in an ‘at fault’ or ‘comparative fault’ State and you’ve been hit by a drunk driver without insurance then its time to vigorously pursue the individual in question.
Even if the drunk driver is not adequately insured to cover your injuries, you can personally recover from the drunken driver. In addition, public regulations and laws provide victims of traffic accidents under the influence of alcohol protection. If you get a verdict against a drunk driver due to injuries caused by the drunk driver in an accident, the drunk driver can not discharge this debt through bankruptcy.
Getting compensation for being hit by a drunk driver in a no fault State is a little easier as it will be your insurance company making the offer to you, and then your own insurance company pursuing the drunk driver or their insurers. However, auto insurance companies exist to turn a profit between the cost of premiums and the amount of compensation payout so always negotiate and if in doubt, talk to an experience auto accident attorney near you.
How Much Compensation for being hit by a Drunk Driver
If you were injured by a drunken driver the value of your claim may be higher than if the other party had not been under the influence. However, insurance companies know that if they have to defend a drunken driver in court, they have a very serious risk of being hit hard. Usually a drunk driver will be advised to admit liability. Drunken drivers do this to stop the jury from learning about their actions. They know that juries listening to drunk driving tend to give the injured more money for pain and suffering and some of the biggest compensation settlements in recent history have been for people who were injured by a drunk driver.
On average the compensation for being hit by a drunk driver will be 20%-55% higher for the same comparative payout had the driver been sober.
Will Criminal Proceedings Affect my Civil Claim Against a Drunk Driver
Impaired drivers who cause drunken driving accidents can be prosecuted under both criminal and civil law. Civil proceedings against a disabled driver are usually initiated in the form of a claim or action against the drunk driver for injuries caused by the drunken driver’s collision. Fatal accidents involving a drunk driver can result in an unlawful death suit filed by the victim’s family.
Criminal proceedings are designed to protect the public from future damage aimed at stopping drunken driving and punishing the drunk driver for his reckless conduct. Civil actions for drunk driving are filed by the victim (the plaintiff) as a personal injury claim to remedy any damage caused by the accident. Civil suits are often the only way to cover as many costs as possible, from medical treatment to property damage, loss of pay, and other damages.
A civil claim is intended to redress economic damage, such as the cost of medical treatment, lost wages and property damage. Criminal proceedings are intended to protect the public from future damage by preventing and punishing drunken driving when it is not an accident or injury.
Punitive Damages for being hit by a Drunk Driver
Punitive damages are only granted if the defendant has acted grossly negligent or grossly negligent. In order to claim punitive damages for a drunken traffic accident, you must be able to clearly prove that the defendant (the drunk driver) acted grossly negligent or intentionally negligent. The worse the defendant behaves, the more likely a punitive damages will be awarded. If you wish to apply for punitive damages in your case, you should seek the advice of an experienced lawyer in Long Beach who can help you prepare the most severe litigation possible.