If you were injured in a DUI accident, it's important to understand how your accident is different from a typical car accident. First, DUI accidents tend to have very high rates of injury and death due to dangerous driving by intoxicated people. Second, proving fault in the accident may be easier due to the other driver's intoxication. Third, criminal proceedings against the DUI driver could support your civil personal injury claim. Fourth, if a restaurant or bar overserved the drunk driver, they may have liability for the accident as well. Moreover, you may have the ability to recover special kinds of damages due to the severity of the accident. Finally, the insurance company may treat your case differently from a typical car accident.
DUI Drivers Often Severely Injure or Kill People
Statistics show that accidents involving a DUI driver have high rates of injury and death nationwide. For instance, the National Highway Traffic Safety Administration’s website states that “Every day, about 34 people in the United States die in drunk-driving crashes — that's one person every 42 minutes.” This and other sobering statistics show that DUI accidents are very dangerous for the other drivers involved. If you or a loved one was injured or killed in an accident caused by a drunk or impaired driver – or if you suspect the driver was impaired – you need legal advice about your rights, including how to prove fault and appropriate damages to seek. Please contact our firm to schedule a consultation with one of our knowledgeable lawyers.
Proving Fault in DUI Accidents
Because the other driver was intoxicated, it can be easier to prove fault in DUI cases. A plaintiff in a personal injury case needs to show that the other driver was 50% or greater at fault for the accident to recover damages. In other words, if the injured driver mostly caused the accident, they most likely couldn't recover from the DUI driver regardless of their intoxicated state. However, in most DUI accident cases, it's very clear that the intoxicated driver caused the accident through dangerous driving. DUI drivers often weave in lanes, drive the wrong way, run through red lights or stop signs, fail to yield, miss turns, speed, and commit other significant driving offenses that could hurt others on the road or sidewalk. Evidence that the DUI driver caused the accident could come from witnesses, video, scene photos, or other information showing that the driver was driving dangerously, leading to the accident.
How Criminal Proceedings Could Support Your Claim
If you file a case against a DUI driver, it’s a personal injury case, not criminal. But many DUI drivers face criminal charges as well. If the police find evidence that the driver was impaired, the district attorney may decide to press criminal charges. If convicted, the driver could face jail time, fines, community service, or probation. While your personal injury case is totally separate from the criminal case, a conviction could support your case by providing additional evidence that the driver was impaired. Oftentimes, prosecutors can help the personal injury case by sharing their evidence.
Special Damages that May Be Available in DUI Injury Accident Cases
Because many DUI accidents are very severe, you may have the opportunity to seek special kinds of damages in your case that might not be realistic to obtain in other kinds of car accident cases. For example, you may be able to seek punitive damages. Punitive damages are intended to punish someone who hurts another person. You also might have the ability to seek damages for the psychological and emotional toll of your accident and injuries. The accident may have given you PTSD, your relationships may have felt a strain, or you might be dealing with other mental struggles traceable to the accident. Many judges and juries can easily understand how such a devastating accident could cost you so much. They may be more sympathetic to a victim in a DUI accident because many people have a negative opinion of drunk or impaired driving.
How Insurance Companies Handle DUI Injury Accident Claims
Finally, insurance companies may treat DUI injury accident claims somewhat differently than typical car accident claims. Some insurance companies rush to settle victims' claims for more than they would typically offer, knowing that going to court could be a costly battle. If the claim is likely to exceed coverage limits, they may try to limit their liability early on by trying to pin fault on the victim. You must get legal advice before you agree to any insurance company settlement for an injury accident claim, but especially so for DUI injuries. Since your injuries may affect you for the rest of your life, make sure you don't miss out on possible compensation for future medical care and future lost wages. Talk to an attorney before you sign anything to learn about your rights.
Injured by a DUI Driver? Our Legal Team Is Here For You
If a DUI driver caused your car accident, you need legal advice about your situation from an experienced personal injury attorney. Our firm represents a wide range of personal injury clients in Texas, assisting them in pursuing claims at both the settlement and trial stages. The lawyers at Duke Seth, PLLC, can help you learn more about your options during a free consultation.
Contact us online or call us at (214) 466-1740 to set up your appointment today.