DUI Accident Victims Attorney, Mobile AL
Alabama, just like every other state, has laws against drunk driving. DUI (DWI) laws establish criminal penalties for people who drive while under the influence. If someone causes injuries or damages public or private property when driving drunk, the victim may be legally entitled to sue for compensation.
If you are the victim of an injury from a drunk driving accident, a Mobile, AL, DUI attorney can help you seek restitution.
DUI Accidents and Negligence
In Alabama, the law defines a DUI as operating a motor vehicle or marine transport vehicle while having a blood alcohol content (BAC) higher than 0.08%. Alabama is an implied consent state, meaning that anyone who voluntarily operates a motor vehicle gives implicit consent to taking a breathalyzer or drug test at the request of a law enforcement officer.
Civil cases involving damages to persons or property fall under the umbrella of personal injury law. In personal injury cases, courts assign fault by determining negligence. In the case of a DUI accident, the driver was acting negligently because they had a reasonable duty of care to abide by the laws of the road and not drive while under the influence.
DUI perpetrators could face not only criminal charges but also civil charges if they cause injury or property damage while driving under the influence. Even if the driver beats a DUI conviction thanks to a criminal defense attorney, the accident victim may still be able to sue them for negligence.
Common DUI Accident Injuries
The high speeds and forces during DUI accidents can cause several injuries, including (but not limited to) the following:
- Neck injuries
- Concussion or traumatic brain injury (TBI)
- Muscle strains
- Spinal damage
- Torn ligaments
- Soft tissue injuries
- Internal bleeding
- Crushing injuries
- Broken bones
If you are the victim of a DUI accident, it is imperative you receive medical attention as quickly as possible. Proving damages for DUI accident cases requires official medical documentation of any injuries you sustained from the accident.
Damages for DUI Accident
Compensations for DUI accident injuries are damages. Courts award two main types of damages: economic and non-economic. Economic damages include compensation for losses related to your injury that have a determinate monetary value, such as:
- Medical bills
- Continuing medical care (e.g., physical therapy)
- Medication costs
- Lost wages
- Loss of income
- In-home medical care costs
- Property damages
Non-economic damages include losses of things that do not have an exact monetary value, such as:
- Pain and suffering
- Emotional anguish
- Loss of consortium
- Reduced quality of life
The amount of damages depends on the circumstances of the accident and the severity of the victim’s injuries. Alabama is a contributory negligence state, meaning that victims who are partially responsible for an accident might not be able to receive compensation. If the courts judge the victim is even 1% responsible for the accident, their claim for damages can be null and void.
It is important to work closely with a legal professional to determine the appropriate amount for damages. The attorneys at Jackson & Foster will seek the maximum compensation to strengthen your chances of a successful suit.
Alabama Dram Shop Laws
Alabama law also has provisions that can hold those who over-serve alcohol responsible for any damages a drunk driver causes. For example, if a restaurant served a driver any additional alcohol while they were clearly impaired, and the driver injured someone in a drunk driving accident, the victim might be able to sue the restaurant establishment.
Some ways to determine alcohol service liability are to investigate credit card statements and obtain employee witness testimony. For instance, looking up transaction receipts could show that a driver received an abundance of alcoholic beverages from a nearby bar before the accident occurred.
How Can a DUI Attorney Help?
In rare cases, an individual might be able to represent themselves successfully in a DUI accident case. However, personal injury law is complex, and it is difficult to account for legal intricacies without professional knowledge. As such, it is almost always in your best interest to hire a Mobile, AL, DUI attorney to help you navigate the legal landscape.
More generally, a personal injury attorney can help:
- Investigate the scene of the accident
- Gather eyewitness testimony
- Obtain police reports and medical documentation
- Negotiate with insurance companies
- Send demand letters
- Represent your case in court
Dealing with injury and financial loss from a DUI accident can throw your life into chaos. A DUI attorney can handle the legal complexities of your civil suit, so you can focus on getting your life back together.
DUI Injury Statute of Limitations
The statute of limitations for DUI accident injury claims in Alabama generally is two years. That means you generally have two years from the date of the accident to file a claim. If you wait longer than two years, you can lose the chance to receive compensation for your injury.
The relatively short statute of limitations for personal injury cases means you must act quickly. The longer you wait to contact DUI lawyers, the less likely you will receive a satisfactory resolution. Contacting a lawyer as soon as possible provides adequate time to build a winning legal strategy.
Contact a Mobile, AL, DUI Attorney Today
When facing the legal system, you need a law firm you can trust. We at Jackson & Foster dedicate ourselves to fighting for justice and believe everyone should have access to adequate legal representation. Our practice areas include a wide range of personal injury cases, including traffic, motorcycle, and work accidents. We will fight to make you whole again.
Contact us online or call today at (251) 433-6699 to schedule a case evaluation with a Mobile, AL, DUI attorney.
“I was driving through Mobile, AL on a long distance road trip when I was involved in a motor vehicle accident. The experience was horrible. The accident occurred halfway between my parents’ house in Texas and my home in Georgia.
I was referred to Jackson & Foster by a friend of mine and was able to obtain him as representation. They answered all of my questions (there were many) and made sure I understood the process of working with the different insurance companies. They kept me updated on the status of the case so I always knew where we were in the process. They made sure I understood that nothing was going to happen overnight and that these things take time.
Jackson & Foster made this horrible experience of mine a lot easier to navigate. I would definitely use them again and would refer them to anyone looking for somebody that is easy to work with and willing to work for you to make sure the outcome turns out in your favor.”
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