I Was Hit by a Drunk Driver: What Am I Entitled To?

Drunk driving accidents are some of the most serious types of motor vehicle accidents. One driver is under the influence of alcohol or drugs, while the other is an unsuspecting victim. In most instances, the sober driver suffers the brunt of the impact.

In most car accidents, the victims’ injuries are minor. They may suffer a few scrapes or whiplash, but can walk away from the crash relatively unscathed. This isn’t often the case when a drunk driver hits you.

The question many drunk driving accident victims have is how much they can recover in their personal injury claim. Every case is unique, so there is no way to know precisely what your case is worth. When you meet with your personal injury attorney for the first time, they can explain the types of damages you may recover.

This article explains what to expect from your car accident settlement. It also explores the types of damages you can demand in your personal injury lawsuit and the factors that impact your settlement amount.

If you or a loved one has been hurt in a hit-and-run or drunk driving accident, contact an experienced personal injury attorney right away. They’ll review your case and let you know if legal action is your best option.

The Insurance Company May Pay Your Claim

When you’ve been in a drunk driving accident, one of the first steps to take after calling the police and getting medical attention is reporting the incident to your insurance company.

You must provide the insurance carrier with all the relevant details of the accident, including the fact that the other driver was intoxicated. In many states, you may need to contact the other driver’s insurance company as well. Their insurance company’s goal is to pay out as little as possible. They may deny your claim outright or only agree to pay part of your claim.

If this happens, you can appeal your claim. However, given that the same person will handle the appeal as handled your initial claim, there is a good chance the company will still deny your claim. If this happens, you can sue the other driver personally for damages.

There is also the chance that the drunk driver’s insurance policy doesn’t cover your losses. If that’s the case, filing suit will be your only option.

Most accident victims choose to have their attorney negotiate with the insurance company on their behalf. They have experience dealing with big insurance companies and won’t be intimidated by them.

Damages You Can Demand in Your Car Accident Case

In any car accident lawsuit, you can demand compensation for the financial losses you experience from the crash. While your damages may be higher in a drunk driving case, that doesn’t mean the damages you recover differ from those of an ordinary car accident.

When your personal injury lawyer files your initial complaint, they must include a demand for damages. Damages is the legal term for the fair compensation you receive for any injuries or other losses you suffer in your car crash.

In most personal injury cases, your attorney will demand some (or all) of the following:

• Lost Wages: You can demand lost wages if you missed a significant amount of work after the accident
• Lost income (future): If you can no longer do the same work you did before the accident, your future earning capacity may decrease, and your attorney can demand damages for lost future income
• Property damage: If your vehicle was damaged or even destroyed in a drunk driving accident, the at-fault driver will be responsible for car repairs or the fair market value of your car if the insurance company deems your vehicle totaled
• Medical bills: Victims of drunk driving accidents are entitled to compensation for any medical bills they have already paid or bills their health insurance provider paid
• Future medical expenses: If your injuries require long-term medical treatment, you can demand damages for future medical costs, which include physical therapy or future surgeries. You’ll need to submit a copy of your medical records or have your physician testify about the care you need going forward.
• Pain and suffering: These damages compensate you for any emotional distress and physical pain you experience due to the accident
• Punitive damages: The court may award a plaintiff punitive damages to punish the defendant’s reckless behavior, which are rare in regular car accident cases

An attorney will fight to get you the maximum compensation possible, but some states limit the amount of money you can recover in pain and suffering and punitive damages. Ask your car accident attorney what your state laws say about this.

What if You Were Partially at Fault?

When you file your car insurance claim, an insurance adjuster will look into whether you were partially (or mostly) at fault. In most drunk driving cases, it’s not all that difficult to assign blame. Had the other driver not been driving while under the influence of drugs or alcohol, the accident likely would never have happened.

While this makes common sense, there’s still a chance the insurance carrier will argue that you were partly at fault for the crash. If the court determines that you are partially at fault, one of two things will happen. You may receive nothing if you live in a state that follows the pure contributory negligence rule. Only Alabama, Maryland, North Carolina, Virginia, and the District of Columbia do not allow a plaintiff to collect damages if they were even 1% at fault.

In the other states, comparative negligence allows you to recover some damages if you were partly at fault. A handful of states let you collect damages regardless of how much at fault you were. However, the court reduces your damages by your percentage of fault. For example, if you were 60% at fault, you would collect 40% of your damages.

Other jurisdictions apply a modified comparative negligence rule, which holds that you can collect damages if you are equal to or less than 50% at fault. If you are more than 50% at fault for your car accident, the other party will likely sue you to recover damages.

What Happens if a Loved One Dies in a Drunk Driving Crash?

If your family member or loved one dies as the victim in a drunk driving accident, you may have a claim for wrongful death. Whether you have standing to sue depends on your state laws. Some states require the personal representative of the victim’s estate to file a wrongful death lawsuit. Other states let any immediate family member sue.

A wrongful death claim may cover:

• Funeral expenses
• Loss of consortium (companionship)
• Loss of the deceased’s income
• Emotional pain and suffering
• Medical bills

Your damages will depend on the facts of your case and the nature and extent of your bodily injuries. It will also depend on how much insurance coverage the other driver’s policy offers.

Hit by a Drunk Driver? Get Legal Advice From a Skilled Personal Injury Lawyer

Car accidents can be traumatic. They often result in serious injuries, and sometimes it’s not the drunk driver who ends up in the hospital. It’s not always clear who’s liable for a DUI accident, especially when multiple people may have played a part.

If you’ve been in a DUI accident, it’s a good idea to consider consulting a local car accident lawyer. They’ll review your case and tell you what it may be worth. They’ll also give you an honest assessment of your case and explain your legal rights.