If you sustained injuries in a car accident caused by a drunk driver, consider speaking to a DUI attorney in Mobile, AL. Given the physical and emotional harm that impaired motorists can cause to those involved in a crash, is it possible to sue a drunk driver to seek justice?
Learn about your options as a crash survivor and what to expect if you decide to take legal action. Below, our legal team at Jackson & Foster Law explains what you need to know about civil DUI lawsuits involving personal injuries.
How Drunk Driving Accidents Impact a Victim’s Physical and Emotional Well-Being
Drunk driving accidents can be fatal and may prompt a victim’s loved ones to file a wrongful death suit. Collisions that don’t end in death may leave motorists, cyclists, or pedestrians with severe injuries, such as:
- Broken bones
- Lacerations
- Whiplash
- Spinal cord damage
- Traumatic brain injuries
- Internal bleeding
Depending on the extent of the injury, victims could end up with a permanent disability or face a lengthy recovery period. The accident could leave them unable to work, creating financial hardships for the household. The aftermath of a serious injury also affects one’s mental state and emotional well-being.
Accident victims may experience symptoms of post-traumatic stress disorder after an accident. In addition to all other potential outcomes, vehicles involved in the crash could face expensive repairs or be totaled. Taking legal action could help victims receive compensation for their injuries and hardships, though outcomes vary.
Offenders May Face Criminal and Civil Court Proceedings
Motorists who drive while under the influence don’t have to be involved in a crash to face consequences. Police officers can stop drivers they suspect of being impaired, arrest them, and charge them with the crime. The case will proceed to criminal court, where a jury will decide the verdict. This is not the type of matter our firm handles.
In Alabama, DUI penalties for convicted motorists vary based on their history and the severity of the offense. Potential penalties include:
- License suspension
- Probation
- Court-ordered community service or drug and alcohol education programs
- Mandated use of an ignition interlock device
- Imprisonment
In addition to criminal proceedings, offenders could become the target of a personal injury claim in civil court. Victims may be able to sue a drunk driver for economic, non-economic, or punitive damages for their role in an accident.
Consider Filing a Personal Injury Claim Against the Drunk Driver’s Insurance Provider
Did a drunk driving accident leave you with extensive vehicle damage, physical injuries, and mental anguish? These hardships stem from someone else’s negligence on the road. Consider holding them accountable by filing a personal injury claim against their insurance company.
With the help of an attorney, you can gather evidence supporting your claim and calculate your losses. The insurance company may offer a settlement, but if your lawyer doesn’t believe it fairly represents said losses, they could negotiate with the insurer.
While many claims are resolved through settlement agreements, if a resolution cannot be reached, litigation may be the next logical step. After you sue a drunk driver, negotiations might continue while both sides prepare to bring the case to trial.
If these efforts remain unsuccessful, a jury will decide the outcome. Representatives for both sides will present their arguments before jurors reach a verdict. In civil trials, the jury also determines the amount of a financial award, if any.
Determining Negligence in Car Accident Cases
Personal injury lawyers look for four crucial elements in these cases:
- Duty of Care: One party has a responsibility to keep others safe by behaving in a certain way.
- Breach of Duty: An individual may either intentionally or unintentionally breach their duty of care, potentially putting others at risk of harm.
- Causation: When a breach of duty directly causes an accident or injuries, it raises legal concerns.
- Damages: The victim must endure some type of loss, such as a personal injury or property damage.
Drunk driving cases tend to meet all of these criteria. Motorists have the responsibility to drive in a way that keeps themselves and others safe. Driving while intoxicated breaches their duty of care and can result in injuries to others.
In order to sue a drunk driver, you’ll need evidence highlighting these elements including the causation and damages. Police reports, witness statements, and dashcam footage from the crash could provide insight into what caused the accident. You can evaluate the total damages by submitting medical bills, vehicle repair estimates, and documentation of lost wages as evidence.
Can You Sue a Drunk Driver Directly?
When people file personal injury claims or subsequent lawsuits, they’re usually dealing with auto insurers who represent the policyholder. If victims can successfully receive a settlement, the insurance provider often writes the check instead of the negligent party. The lawsuit, however, typically is directly against the adverse driver.
Consult an Experienced DUI Attorney in Southeast Alabama
You may have legal grounds to pursue compensation for your medical care, pain and suffering, and other damages. Not sure where to start? Contact our team at Jackson & Foster Law.
We handle these cases with sensitivity and are committed to advocating for the rights of crash victims. From the first time you meet with us to the time your case reaches the negotiation phase and beyond, we aim to guide clients through the legal process with clarity and compassion. Call 251-433-6699 to schedule a free consultation today.
