Drunk driving incidents are more or less black and white in nature. It’s difficult to make a case if you sustain injuries due to an accident caused by someone who is not driving under the influence because there are many other factors at play. When a drunk driving incident occurs, however, it is more or less apparent what the result will be.
Drunk Driving Accidents Fight Their Legal Rights
If a person’s negligence while driving under the influence of alcohol causes harm to any bystanders, pedestrians, or people in other vehicles, it’s very easy to understand who is at blame. In that case, they should be held responsible for the reimbursement for all the damages sustained, may it be physical, mental, or financial. There are some things you need to consider in the case of these incidents.
Know What You’re Entitled To
There are a lot of different ways you can make the drunk driver pay. There are two main things that you need to keep in mind; one is compensatory damages, and the other is punitive damages. Compensatory damages are the most common claim made in drunk driver accidents because it directly involves the victim and their experience. Compensatory damages include:
- Damage to property
- Medical and rehabilitation bill (if required)
- Loss of wages or job
These are the more tangible and calculatable aspects of the insurance claim. On the other hand, we have a few non-economic and intangible aspects to the claim which include:
- Disfigurement
- Emotional distress
- Physical pain and suffering
- Loss of fun and emotional damage
- Mental scarring and trauma
These aspects are very hard to judge because the first list can be given a number, while this other one is completely up to the judge to decide on what is fair for the victim. Next, we have punitive damages; these are mostly unrelated to the details of the accident and tend to focus more on the illegality of the action. These focus more on punishing the driver rather than compensating the victim.
Only when the accused has engaged in malicious, crude, and neglectful behaviour is the punitive damages claim valid. The case of drunk driving comes under gross negligence of the law and you, as a citizen of the state, have every right to sue the driver for being negligent of the society they live in, endangering the lives of lots of people around him/her.
Contact the Right Lawyers
It’s crucial for people to understand that finding the right attorney for the job is very important. Although DUI’s come under criminal cases, the case a victim of drunk driving would take to court would be a civil case. This is why you would need to know who to get for the job. Every state has different rules that you need to take into consideration when going for a civil case.
There are different laws and multiple insurance companies that provide a wide range of coverage plans. For residents of ‘The Big Apple’, seeking guidance from a New York drunk driving accident attorney would prove to be beneficial if you were ever involved in an accident. People think a drunk driving case is pretty straightforward, but these attorneys help you understand what you are entitled to.
Before pursuing a lawsuit directly, try filing a third-party claim against the drunk driver’s insurance company. This is better than filing a lawsuit against the person himself because insurance companies tend to provide nice settlement offers in drunk driver cases.
Insurance Claim
You have to find out as soon as possible whether that person is insured or not, as well as document the whole incident. If you are ever involved in an incident where you felt your rights were violated and you want to engage in a legal battle for damages, you need to document everything you can right away. What normally happens is that the insurance companies tend to try reaching a settlement as soon as possible.
This is why it is better to take whatever they are giving you if you’re not willing to go through the hassle of processing all the information. If you want to take legal action, however, you need to wait until you have all the information regarding any emotional and physical damages that come under the insurance coverage plan.
Being involved in a drunk driving accident as a victim is always unfortunate. If you’re equipped with the necessary knowledge, however, you have a good chance at salvaging whatever you can and more from the situation. Just be sure to understand your exact entitlements and hire a capable lawyer to help you fight for your legal rights if you ever find yourself in such a situation.