Drunk driving accidents are a hard reality on roads. Every day, innocent lives are shattered by the reckless choices of impaired drivers. The emotional and financial toll these accidents inflict on victims and their families is immeasurable. But there is hope.
We’ll guide you through the legal complexities of drunk driving cases, exploring the laws, the process of seeking compensation, and the vital role an attorney can play in your journey to justice.
How to Get Compensation You Deserve
Getting hit by a drunk driver is a terrifying experience. But it’s important to know that you’re not alone and that you have options for seeking compensation. Here’s the steps involved and how an attorney can help you handle them.
File a Claim with the At-Fault Driver’s Insurance
In most cases, the first step is to file car accident claims with the drunk driver’s insurance company. This is where you’ll provide details about the accident, your injuries, and any damages to your property.
But dealing with insurance companies is a frustrating experience. They might try to downplay your injuries or offer you a lowball settlement. That’s why it’s important to have an attorney on your side. They can handle the communication with the insurance company, negotiate on your behalf, and make sure you’re not being taken advantage of, says Corey Schafer, SEO Specialist at Florin|Roebig.
Explore Your Own Insurance Coverage
If the drunk driver doesn’t have enough insurance to cover your losses, or if they’re uninsured altogether, you might be able to tap into your own insurance coverage.
- Uninsured Motorist Coverage (UM): This type of coverage protects you if you’re hit by a driver who doesn’t have insurance. It can help pay for medical expenses, lost wages, and other damages.
- Underinsured Motorist Coverage (UIM): This coverage comes into play if the at-fault driver has insurance, but their coverage limits aren’t enough to cover your losses. UIM can help bridge the gap and provide additional compensation.
Consider Filing a Lawsuit
If insurance coverage isn’t enough to cover your losses, or if the insurance company refuses to negotiate a fair settlement, you may need to file a lawsuit against the drunk driver. This is a more complex process, but it can be necessary to get the full compensation you deserve.
Your attorney will guide you through the legal process, gather evidence, and represent you in court if necessary. They’ll build a strong case on your behalf and fight for the maximum compensation possible.
Pursue a Dram Shop Claim
In some cases, you can also be able to pursue a claim against a bar, restaurant, or other establishment that served alcohol to the drunk driver. This is known as a “dram shop” claim, and it holds the establishment liable for contributing to the accident.
Proving a dram shop claim can be challenging, but it’s worth exploring if you believe the establishment overserved the driver or served them alcohol despite knowing they were already intoxicated.
Don’t Admit Fault or Discuss the Accident
Avoid making any statements about the accident to anyone, including the other driver or their insurance company, without first consulting with your attorney. Even seemingly innocent comments can be twisted and used against you later on. Let your attorney handle all communication and negotiations to protect your interests.
Seek Emotional Support
Drunk driving accidents can be traumatic, leaving you with physical and emotional scars. Don’t hesitate to reach out to friends, family, or a therapist for emotional support. Processing the trauma and grief is an important part of the healing process.
Keep Detailed Records
Meticulously document all accident-related expenses, including medical bills, prescriptions, rehabilitation costs, lost wages, and property damage. These records will serve as crucial evidence when pursuing compensation. Keep receipts, invoices, and any other relevant documents organized and easily accessible.
Be Patient
The legal process can take time, especially in complex cases like drunk driving accidents. It’s important to be patient and trust the process. Your attorney will keep you informed of any developments and work diligently to achieve the best possible outcome for your case. Remember, justice can take time, but it’s worth the wait.
The Role of an Attorney in Your Case
Here’s how an attorney can make a difference.
Investigate the Accident
They’ll dig deeper than the police report, leaving no stone unturned to gather evidence that supports your claim. This could involve interviewing witnesses, reviewing surveillance footage, and even reconstructing the accident scene with the help of experts.
Negotiate with Insurance Companies
Insurance companies are notorious for trying to minimize payouts, even in clear-cut cases of drunk driving. Your attorney knows their tactics and will fight for a fair settlement that reflects the true extent of your damages.
Represent You in Court
If a fair settlement can’t be reached, your attorney will take your case to trial. They’ll prepare all the legal documents, present your evidence in court, and argue your case before a judge and jury. Having a skilled litigator by your side can significantly increase your chances of success.
Navigating Dram Shop Laws
If the drunk driver was over-served at a bar or restaurant, your Miami auto injury attorney can explore the possibility of a dram shop claim. This holds the establishment accountable for contributing to the accident and can provide an additional avenue for compensation.
Provide Emotional Support and Guidance
Beyond the legal aspects, an attorney can offer much-needed emotional support and guidance throughout the process. They’ll answer your questions, address your concerns, and ensure you understand your rights and options.
To Sum it Up
Being hit by a drunk driver is a life-altering experience. It’s unfair, it’s scary, and it leaves you with a mountain of challenges. But remember, you have rights. You deserve compensation for your injuries, your lost wages, your pain, and your suffering.
Don’t let the legal system intimidate you. Reach out to an experienced car accident lawyer who specializes in drunk driving cases. They’ll be your guide, your advocate, and your champion, fighting for your rights and helping you get the justice and compensation you deserve. Remember, you’re not alone in this fight. There are resources available to help you heal and move forward.
