Every fifty minutes, an innocent victim is killed by a drunk driver. Despite endless efforts across the United States to end drunk driving, there are numerous individuals who continue to engage in this reckless and harmful act. In 2017, 10,874 people were killed by drunk drivers. Even though there has been a 16% decreased in traffic accident fatalities, we have seen the number of DUI fatalities increase by 48% since 1982.
Individuals who choose to drive impaired are placing their lives and the lives of others at serious risk of injury or death. Every day, innocent people hit the roads in their vehicles to make it to their destinations. Unfortunately, not all of them make it. This is the sad reality we face in the United States. Regardless of how many laws are enacted and how many organizations fight to protect innocent lives, reckless individuals continue to drive while impaired.
Being involved in a DUI accident can have a serious impact on a person’s life. Victims run the risk of suffering severe and debilitating injuries or death. Contact the law firm of Needaninjuryattorney.com today to speak with a skilled DUI attorney to have all of your questions answered.
Driving Impaired Is A Criminal Offense
Driving a vehicle while under the influence of drugs or alcohol is a criminal offense in every state across the country. Depending on the number of previous convictions, as well as the severity of the intoxication, a person can receive either a misdemeanor or felony charges from their actions.
Individuals who drive impaired can receive thousands of dollars in fines, jail time, suspension of licenses, breathalyzer installation on their vehicles, and they may be required to attend counseling or to go to drug or alcohol rehab. Unfortunately, the criminal court system does not collect compensation for injury victims. Instead, individuals who are harmed in DUI accidents need to file claims against impaired drivers in civil court to recover compensation for the damages they sustain.
If you or someone you love was injured in a DUI accident that was not their fault, it is imperative for you to contact a DUI accident attorney at Needaninjuryattorney.com as soon as possible. You might be able to obtain compensation for damages you sustained in your accident.
Recoverable Damages In A DUI Accident
Individuals who are injured in DUI accidents might be able to recover compensation for damages sustained in the accident. Some of the damages they are able to collect cover:
A lot of states consider DUI convictions to be reckless and dangerous in nature. For this reason, some courts award punitive damages to injury victims. Punitive damages do not have to compensate a victim for an expense they incurred from the accident.
- Medical bills
- Property damage or property loss
- Loss of wages
- Loss of earnings – for long-term or permanent impairment
- Emotional distress
- Physical pain
- Loss of companionship
- Loss of life enjoyment
- Disfigurement
A lot of states consider DUI convictions to be reckless and dangerous in nature. For this reason, some courts award punitive damages to injury victims. Punitive damages do not have to compensate a victim for an expense they incurred from the accident.
Instead, these are awarded to them for the trauma of their experience and as a way to punish the impaired driver for their wrongdoing. Each state sets its own guidelines for punitive damage maximums. It is crucial for you to speak to a DUI Accident attorney at Needaninjuryattorney.com as soon as possible to secure your legal right to obtain the maximum amount of compensation in which you are entitled.
Common Injuries Among DUI Accident Victims
Individuals injured in DUI accidents sustain an array of injuries across various parts of their bodies. The severity of injuries often depends on the speed at which the impaired driver was traveling, as well as the speed of the injury victim, and the location of impact.
Some injuries DUI accident victims suffer from in accidents are:
Broken Bones Or Fractures: Broken arms, legs, and fingers are common in DUI accidents. In some cases, individuals may have their limbs severed from their body, drastically changing their ability to walk or do things with their hands.
Neck Or Back Injuries: Individuals who suffer neck or back injuries often deal with severe pain from their injuries. Whiplash and other injuries can limit a person’s mobility and range of motion, having a drastic impact on their ability to work and enjoy life.
Spinal Cord Injuries: Spinal cord injuries can have a devastating impact on a person’s life. A partial or full severing of the spinal cord can result in temporary or permanent paralysis. These individuals often experience overwhelming pain and are drastically limited in what they can do.
Chest Injuries: Accident victims often suffer broken ribs, punctured lungs, or other injuries to the chest. These often occur when individuals are slammed into the dash, steering wheels, or airbags in their vehicles.
Head Injuries: Individuals sustain an array of head injuries in DUI accidents. These include cuts, scrapes, and lacerations. Head and facial injuries can leave scarring and disfigurements.
Traumatic Brain Injuries: TBIs can have serious and life-long consequences. These injuries can result in hearing loss, vision impairment, and they can result in constant severe headaches. Additionally, individuals who suffer TBIs are at an increased risk of suffering from behavioral issues.
If you or a family member has been injured in a DUI accident, you should call the DUI accident attorneys at Needaninjuryattorney.com immediately to get started with your claim.
How Drugs And Alcohol Affect Drivers
Individuals who chose to drive under the influence of alcohol or drugs place themselves and other drivers on the road at risk of being seriously injured or killed. Alcohol is a substance that has a major impact on the central nervous system of the human body. A person who consumes large amounts of alcohol has a lowered inhibition and impaired judgment. Drinking alcohol can cause a loss of coordination, blurred visions or blackouts, impaired reflexes, and memory lapses in users.
There are several different types of drugs, each causing various side effects that make driving more difficult. Individuals who use drugs before driving may become sleepy, dizzy, or faint. These individuals often suffer from blurred visions, delayed reaction times, and have a difficult time focusing. Depending on the type of drug, individuals may experience tremors, nausea, delusions, or hallucinations.
All of these side effects make it difficult to control a vehicle adequately. For this reason, consuming alcohol or using drugs prior to driving is considered a criminal offense. Individuals who are involved in DUI accidents face steep fines, suspension of licenses, rehab or counseling, and possibly jail time. Unfortunately, criminal courts do not compensate individuals who are injured in accidents caused by drunk or impaired drivers. For this reason, DUI accident victims are required to file claims for compensation against impaired drivers in civil court.
Who Is Liable For DUI Accident Damages
Individuals who are harmed by an impaired driver are able to go after multiple parties to secure compensation for damages sustained in the incident. Claimants are able to file lawsuits against the at-fault driver. Undoubtedly, an individual who chooses to drive impaired is being reckless and negligent. They demonstrate a blatant disregard for human life and choose to act in a manner which directly places the lives of everyone else sharing the roadway at risk. Impaired driving drastically delays a person’s response time and may even cause drowsiness while behind the wheel. These individuals are not only liable for criminal charges, but they can be held responsible for damages in civil court.
In addition to the at-fault driver, most states extend the liability to other parties through the “dram shop” liability law. This law states that individuals harmed in DUI accidents are legally able to go after the individuals who served alcohol to the intoxicated driver. Businesses and individuals have a legal responsibility to stop serving alcohol to individuals who appear to be intoxicated. If a business does not stop serving alcohol to someone who is slurring their words, stumbling, or acting ‘drunk,’ they can be held liable for damages caused by the drunk customer in civil court.
Working with a DUI accident attorney from Needaninjuryattorney.com will ensure all the evidence necessary to prove your case is collected. One of our DUI accident attorneys will review financial records, credit card statements, and collect receipts that demonstrate where the at-fault driver was before the incident occurred. This type of evidence will help injured parties collect the maximum amount of compensation they can.
Proving A Driver Is At-Fault For The Accident
In order to file a successful lawsuit against a drunk or impaired driver, you will need to prove four elements of fault. These four elements detail how a driver is supposed to act, how they actually did act, and how it affected you. Each element is highlighted below.
Element One: “Duty of Care”
Individuals who drive on public roadways are required by law to provide a duty of care to other drivers. This duty of care ensures they do not act in any way that is harmful toward others. Individuals are required to act reasonably to ensure their safety and the safety of others at all time while in control of their vehicles.
Element Two: “Breach”
Individuals who drive under the influence of drugs or alcohol are in breach of their duty of care. Individuals who drive impaired are directly placing their lives and the lives of others at serious risk of injury or death. In order to prove a breach in the court of law, it is necessary to prove a driver is acting negligently or recklessly. Criminal charges often help prove this element, but criminal charges are not a requirement for proving this element.
Element Three: “Injury”
The third element requires claimants to prove that the impaired driver, who breached their duty of care, injured them as a result. The acts of the impaired driver have directly caused the injuries to the claimant. If the impaired driver did not engage in this type of activity, the claimant would not have been injured in this way.
Element Four: “Damages”
The final element of fault must demonstrate that the impaired driver, who breached their duty of care, injured the claimant as a result, and, as a result of the injuries, the claimant suffered financially, physically, or emotionally.
Each step in the four element compounds upon the previous step. It can be assumed that a driver always has a duty to care, but the other three steps must pile upon the duty to prove the claimant suffered because the at-fault driver failed to provide the duty of care.
DUI accident claims are extremely complex and detail oriented. Working with an experienced DUI accident attorney from Needaninjuryattorney.com will guarantee you recover the maximum amount of compensation that you are entitled to and that you receive the justice you deserve.
What To Do If You Are Involved In A DUI Accident
If you or someone you love has been injured in a DUI accident, it is imperative for you to receive immediate medical attention. Police and first responders need to be brought to the scene of the accident to access your injuries and generate reports. If possible, try to obtain a copy of the police report before leaving the scene.
If possible, take photographs of your vehicle and the impaired driver’s vehicle. Gather insurance information and contact information for the other driver, and take the names and contact information for any witnesses to the crash. All of this information will assist you in filing your claim in court.
When at the hospital, make sure you receive a full body examination, x-rays, and scans to check for injuries and determine the severity of those you sustained. It is crucial for you to follow up with all recommended appointments and treatments. Above all, your safety is the top priority. It is important that you recover as much as possible.
As soon as you can, contact a DUI accident attorney at Needaninjuryattorney.com to review your case. Our attorneys work on a contingency basis, so they will not charge for any consultations or services until you are compensated by the at-fault driver and all other responsible parties.
A DUI accident attorney from Needaninjuryattorney.com will help you gather evidence, collect witness statements, gather police reports, and determine any applicable parties to the state’s dram shop laws. Our attorneys work diligently on each case file to ensure solid evidence supports your claim. Having an experienced attorney will greatly assist you to collect the maximum amount of compensation you are entitled to in your case. Call us today at Needaninjuryattorney.com to speak with an attorney about the events surrounding your accident.