If you were injured in a crash caused by a drunk or intoxicated driver, you have a legal right to bring a claim against or sue the drunk driver. While driving under the influence is a crime (DUI) that could include criminal charges and penalties, victims of a DUI crash can bring a civil claim for compensation against the at-fault motorist. You could obtain a settlement for medical expenses and other damages you suffered in the crash through a claim or lawsuit.
However, you’ll need to prove that the at-fault motorist was intoxicated at the crash for your claim or lawsuit to be successful. Drunk driving is a type of negligence, but to establish negligence, you (or likely your attorney) must gather and preserve evidence that clearly shows that the driver was inebriated. You will most likely need to hire an experienced drunk driving accident lawyer to help you build a strong case against the intoxicated driver.
The Duluth drunk driving accident lawyers at Brauns Law Accident and Injury Lawyers, PC, have the resources to help you prove your case and are committed to helping you seek the maximum available compensation. Contact us today for a free consultation to discuss your case.
Signs of a Drunk or Intoxicated Driver
Knowing how to spot an intoxicated driver can help you protect yourself and your passengers. Intoxicated motorists sometimes drive erratically or at excessive speeds, have trouble staying in their lane, or even travel on the wrong side of the road. If you spot a drunk driver, maintain a safe distance from them and call law enforcement to alert them to the potential danger.
If you have been involved in an accident that another motorist caused, and you believe the motorist was intoxicated at the time of the crash, be on the lookout for signs of drunk driving at the scene, including slurred speech, the smell of alcohol, and a lack of coordination.
What To Do If a Drunk Driver Hit You
If you or someone else involved in the accident suffered injuries or property damage, call the police to the scene immediately. When law enforcement arrives, they will create an accident report containing information about your injuries, the damage to each vehicle, and an initial determination of fault. If you believe that the driver who hit you was intoxicated when the crash occurred, you should inform the police so they can include this information in their report.
If law enforcement officers believe that the driver may be inebriated, they could conduct a breathalyzer or drug test and perform a sobriety check. If they determine the motorist to be intoxicated, they can issue them a DUI, which you can use as evidence to support your case. If any bystanders witnessed the accident, you should get their contact information. If they agree that the other motorist was intoxicated before the crash, they could provide a statement or even testify on your behalf in court.
How Do I Prove Negligence in a Drunk Driving Crash?
If you’ve suffered injuries in a crash that a drunk driver caused, you or your lawyer must gather evidence to establish negligence. Some common types of evidence that attorneys use to prove fault for a drunk driving crash include drug tests, police reports, witness statements, driver testimony, and traffic camera footage. An attorney might also determine where the motorist was before the crash. For example, if they were at a bar or a house party where they consumed alcohol, that information could strengthen your case.
There are four main elements to negligence. First, you must prove that the intoxicated driver had a duty of care to operate their vehicle responsibly and keep others from being harmed. You will then need to demonstrate how they breached their duty of care through negligence. Consuming alcohol before getting behind the wheel would be considered negligent behavior, something the at-fault motorist should have known was reckless.
Third, you need to connect the motorist’s negligent behavior with your injuries. This aspect of negligence is known as causation. You must show how the driver being intoxicated directly caused the accident and your injuries. For example, if getting behind the wheel while intoxicated caused the driver to swerve out of their lane and hit your car, that would be proof of causation.
Lastly, to seek financial relief, you must have suffered compensable damages. Damages can be financial or non-financial.
Compensation for a Drunk Driving Crash
Depending on the specifics of your crash, you could potentially seek compensation from the drunk driver for:
- Medical costs
- Rehabilitative care
- Lost income, if you had to take time off work while recovering from your injuries
- Lost future income, if you are not able to perform the same job you had before due to a temporary or permanent disability
- Physical and emotional pain and suffering
- Other non-financial damages
You could maximize your potential compensation by hiring a drunk driving accident lawyer to handle your case. An attorney can also help you document your losses and quantify your non-economic damages using the evidence gathered for your case.
Contact a Lawrenceville Drunk Driving Accident Lawyer
Drunk driving crashes are often severe and can result in life-altering injuries. If an intoxicated driver injured you in Lawrenceville, you deserve a chance to hold them accountable for the harm they caused you. However, it’s never a good idea to navigate the legal process yourself. Working with an experienced Lawrenceville drunk driving accident lawyer at Brauns Law Accident and Injury Lawyer, PC, will improve your chances of recovering the fair compensation.
Contact our legal team today for a free case evaluation to learn more about how our attorneys can help you with your case.
