Usually, getting involved in a road accident caused by a drunk driver is one experience that can turn around the lives of such accident victims. The realities of injuries, emotional trauma, and financial burdens on the victim after such an accident can pose multiple challenges. A personal injury attorney in Chatsworth can assist you in these cases. Therefore, if one of your family members or yourself has been hit by a drunk driver, it is important to know the legal aspects concerning seeking justice and compensation.
Immediate Actions to Take Following a Drunk Driving Crash
Prior to seeking legal recourse, the following are things you should consider immediately after the accident:
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- Call Police: The police will respond to the scene of the accident to report it and subsequently test the other driver for alcohol.
- Get Medical Help: Certain injuries might never be evident immediately.
- Gather Evidence: Photograph the accident scene, obtain statements from witnesses, and ask for a copy of the police report.
- Seek an Attorney: A personal injury lawyer can walk you through the legal process and defend your rights.
Your Legal Choices
There are various legal solutions from which individuals can gain justice and compensation for the repercussions of drunk driver crashes.
- Filing an Insurance Claim
A lawsuit would be the at-fault driver’s insurance company to compensate for medical care, car repair, and lost wages. There might be complex negotiations with the insurance company for payment in case there was a victim struck by an intoxicated driver, even though an attorney’s presence can be a considerable benefit afterward.
- Personal Injury Lawsuit
Nevertheless, filing a different lawsuit for personal injuries against the intoxicated driver would be another avenue in case of an insufficient insurance settlement. Damages can comprise:
- Medical expenses past and future.
- Loss of income and reduced capacity to earn.
- Pain and suffering.
- Emotional distress.
- Punitive Damages
The court can grant Punitive damages based on the gravity of the offense to punish the intoxicated driver for the crime and deter other similar future activities. Unlike compensatory damages, punitive damages are another category of penalties.
- Dram Shop Laws
In some states, the victims can sue a restaurant, bar, or other establishments where alcohol was sold to the driver when he or she was visibly drunk. It is another channel to seek damages, especially when the intoxicated driver has minimal insurance coverage.
- Wrongful Death Lawsuit
A loved one killed in an accident caused by a drunk driver files a wrongful death action against the remaining family members. This relieves the funeral expenses of lost financial support and compensates for emotional pain.
What If Struck by an Uninsured Drunk Driver?
In case the fault driver has no insurance, such options may still be available:
- Uninsured Motorist Coverage: If your policy includes uninsured motorist (UM) coverage, you can make a claim under that.
- Suing the Driver Personally: If they have their own assets, you can try to recover through a lawsuit.
Why You Need a Lawyer?
Negotiating a case for a drunk driving accident takes a long time and is even sluggish, especially if dealing with insurance and legal claims. But a skilled personal injury attorney at LA Law Group can do the following:
- Assess your case and guide you on the most appropriate legal approach.
- Handle all the insurance companies when negotiating your settlement.
- Represent you when it goes to trial.
Getting struck by a drunk driver is a traumatic event, but you don’t have to go through the aftermath by yourself. Learn about your legal rights and hire an expert for the procedure to claim your rightful compensation and hold the actual party responsible. If you or a loved one has recently been injured because of an alcohol-driving accident, call a personal injury attorney today to review your case and move toward justice.
