According to the National Highway Traffic Safety Administration (NHTSA) about 29 people die in crashes involving alcohol impairment in the United States every day. In 2016, that was about one death every 50 minutes.
While the number of drunk driving crashes have decreased in the last 30 years, they continue to be a problem. In 2010, drunk driving crashes caused more than $44 billion in damages. Drunk driving comes with harsh penalties.
Those who are charged with DUI will face fines, increased insurance rates, jail time, and possible be required to enter an alcohol treatment program. If you have been hit by a drunk driver, you can file a personal injury claim to recover damages.
Holding the Drunk Driver Liable
A driver who is breaking laws, such as driving while intoxicated, is obviously acting negligently. When you can prove that the other driver was negligent, you can have a successful personal injury claim.
There are four elements of negligence. First, you must show the other party had a duty. In this case, they had a duty or responsibility to adhere to traffic laws and drive safely. Second, you must show that duty was breached. In this case, it was breached when the driver operated a vehicle while intoxicated.
Next, you will have to show that driving drunk caused the crash, which in causes lapses in judgment and loss of coordination. Then you will show that caused the crash, which in turn, led to your damages. You will need to maintain documentation to support your claim and show what damages you suffered because of the crash.
Providing the Evidence
You will need to provide evidence and documentation to support your claim and to show what damages you suffered in the accident caused by the drunk driver. You will need a copy of the accident report, copies of medical bills and medical records, and proof of any missed work and lost wages.
You should take photos of the damage to your vehicle and get a written estimate for repairing the damage. Also keep any tow bills and receipts for use of a rental car. You will need to notify your insurance of the accident right away, so they can be aware of what happened and work on your behalf. They will defend you in such cases should the other driver try to put the blame on you.
Consult With a Personal Injury Lawyer
If you are interested in suing a drunk driver who hit you, you should consult with a personal injury attorney who is licensed in your state. There is a statute of limitations for pursuing a claim, so if you wait too long, you cannot recover compensation for your damages.
Personal injury lawyers work on a contingency basis, so your lawyer will not be paid until you are compensated for your damages. Complete the Free Case Evaluation Form on this page today to have your claim details reviewed by a lawyer in your area.