When a driver chooses to get behind the wheel while intoxicated, their impaired judgment, delayed reaction times, and poor coordination increase the risk of collisions. Victims of drunk driving endure physical injuries, emotional trauma, and overwhelming financial burdens from medical bills and lost earnings.
Although injured victims have a right to compensation, they must deal with insurance companies that may attempt to minimize payouts or shift blame. They must also gather evidence to establish fault and prove damages.
You should, therefore, work closely with a legal professional in the aftermath of a drunk driving crash. A car accident lawyer can use their knowledge of personal injury law to fight for your rights, hold negligent drivers accountable, and secure the full compensation you deserve.
Drunk Driving Car Accident Key Takeaway
- Drunk driving impairs focus, coordination, vision, and judgment, leading to devastating accidents and injuries.
- Victims hit by a drunk driver are entitled to compensation for medical expenses, lost earnings, pain and suffering, emotional distress, and punitive damages.
- Settlement amounts vary based on injury severity, evidence strength, insurance coverage, and legal representation.
- A skilled car accident lawyer can investigate, prove fault, negotiate with insurers, and secure maximum compensation.
- Call a drunk driving accident attorney to protect your legal rights after a crash.
Cause and Effect of Drunk Driving
Drunk driving is a reckless and dangerous behavior that exposes road users to the risk of car accidents. Here are five effects of drunk driving and how it heightens the likelihood of car accidents:
- Loss of Focus: Alcohol consumption can lead to distractions while driving. Intoxicated individuals may have difficulty concentrating on the road, scanning their surroundings, or staying in their lane. This loss of focus increases the chances of swerving, running red lights, or failing to yield to other vehicles, potentially causing accidents.
- Reduced Coordination: Coordination is key to safe driving, as it enables drivers to maneuver obstacles and respond promptly to changing traffic conditions. Intoxicated individuals often experience decreased coordination, which may result in delayed braking, difficulty steering, or an inability to maintain a consistent speed, all contributing to the likelihood of accidents.
- Overconfidence: Alcohol consumption can create a false sense of confidence in drivers, leading them to take unnecessary risks on the road. Overconfident drivers may engage in reckless behaviors such as speeding, tailgating, or making abrupt lane changes, which increase the likelihood of collisions with other vehicles or objects.
- Impaired Vision and Perception: Alcohol affects vision and perception, making it harder for drivers to accurately assess distances, speeds, and potential hazards on the road. Intoxicated individuals may have blurred vision, tunnel vision, or difficulty judging the movements of other vehicles, pedestrians, or cyclists.
I Got Hit by a Drunk Driver. What Am I Entitled To
You have a right to pursue compensation after sustaining an injury in a drunk driving crash. You can initiate an insurance claim or lawsuit against the negligent party. Some of the damages you can pursue in a drunk driving crash include:
Medical Expenses
When hit by a drunk driver, you're entitled to compensation for all medical costs related to your injuries. These damages cover immediate emergency room treatment, hospital stays, surgeries, prescription medications, physical therapy, rehabilitation services, and ongoing medical care.
You can also recover future medical expenses if your injuries require long-term treatment, specialized equipment, or permanent care arrangements. Keep detailed records of all medical bills and treatments, as these prove the extent of your injuries and support your compensation claim.
Lost Income
If your injuries prevent you from working, you can recover compensation for lost income during your recovery period. Components of lost income include salary, hourly earnings, overtime, bonuses, and benefits you may have earned.
A car accident attorney can prove a lost income claim using:
- Pay stubs
- Tax returns
- Bank statements
- Invoices
- Profit and loss statements
- Letter from an employer
You can also pursue additional compensation if your injuries diminish your earning capacity or force you into a lower-paying position.
Out-of-Pocket Expenses
Numerous incidental costs arise from car accidents. These recoverable expenses include transportation to medical appointments, prescription copays, and medical equipment rentals.
You can also pursue compensation for home modifications for accessibility, housekeeping services if you cannot perform daily tasks, and childcare expenses if your injuries hinder everyday caregiving responsibilities.
Pain and Suffering
Pain and suffering compensate the injured victim for the pain, discomfort, trauma, and inconvenience as a result of the accident. For example, chronic pain endured from your injuries warrants monetary compensation.
Pain and suffering damages recognize that injuries impact your daily comfort and quality of life. The severity, duration, and type of injuries influence the value you can receive for pain and suffering damages.
Emotional Anguish
Car accidents, especially those involving drunk drivers, often cause psychological trauma. You may experience anxiety, depression, post-traumatic stress disorder, fear of driving, or sleep disturbances.
For example, learning you’ll be permanently disabled after a drunk driving crash can trigger depression.
The knowledge that someone's irresponsible drinking caused your suffering can intensify these psychological impacts. Compensation for emotional anguish allows you to pay for mental health counseling, therapy sessions, and psychiatric treatment.
Loss of Enjoyment of Life
If your injuries prevent you from participating in activities you previously enjoyed, you deserve compensation for this diminished quality of life. For example, an amputated leg can prevent you from participating in soccer, your favorite sport.
Whether you play sports, travel, pursue hobbies, or simply perform routine activities without discomfort, these losses impact your life satisfaction and personal fulfillment.
Loss of Companionship
A severe injury like a spinal cord injury after drunk driving can affect your relationships with family members and spouses.
You can pursue compensation if your injuries prevent everyday interaction, intimacy, or shared activities with loved ones. Loss of companionship damages recognizes that accidents also affect entire family units and support systems.
Permanent Disability and Disfigurement
You're entitled to substantial compensation if your injuries result in lasting physical impairments, scarring, or disfigurement. Permanent disabilities affecting mobility, appearance, or functional abilities represent lifetime impacts beyond initial medical treatment.
These damages account for ongoing limitations and the psychological effects of permanent physical changes.
Punitive Damages
Because drunk driving represents particularly reckless and dangerous behavior, many jurisdictions allow punitive damages. These damages punish the drunk driver's misconduct and deter similar behavior.
Punitive damages recognize that drunk driving is a conscious choice that endangers everyone on the road, making it more than just negligent behavior. A judge can award you punitive damages to punish willful misconduct by the at-fault party.
How Much Money Do You Get if You Get Hit by a Drunk Driver
There is no average value you can get in a drunk driving accident. The outcome depends on the facts and circumstances of the crash. Here are the factors that influence how much you can get for a drunk driving crash:
Severity of the Injury
The extent and nature of your injuries can determine if you’ll receive a higher or lower settlement value. Minor injuries like bruises or minor cuts typically result in smaller settlements, while catastrophic injuries like spinal cord damage or multiple fractures can lead to substantial awards.
Permanent disabilities, disfigurement, or injuries requiring lifelong medical care dramatically increase settlement values. The injury's impact on your daily activities, work capacity, and future quality of life directly correlates with compensation amounts.
A car accident lawyer can use medical documentation, treatment duration, and prognosis reports to establish the full scope of your damages and their long-term implications.
Availability of Evidence
Strong evidence enhances your case value and likelihood of maximum compensation. Clear proof of the other driver's intoxication, such as breathalyzer results, field sobriety test failures, or police reports, strengthens your compensation claim.
Witness statements, traffic camera footage, accident scene photographs, and cell phone records can corroborate your events. Medical records linking your injuries directly to the accident or professional testimony provide powerful negotiation leverage.
Conversely, limited evidence or conflicting accounts can reduce settlement amounts as insurance companies exploit uncertainty to minimize payouts.
Shared Fault
Your actions leading up to the accident can impact compensation, even when the other driver was intoxicated. Shared liability rules may reduce your recovery if you were speeding, texting while driving, or violating traffic laws.
Some states reduce your award by your percentage of fault, while others bar recovery entirely if you're found partially responsible. However, drunk driving typically carries substantial fault allocation, often making the intoxicated driver primarily liable.
Legal Representation
Having experienced legal representation dramatically affects settlement outcomes. A skilled car accident lawyer understands case valuation, negotiation strategies, and insurance company tactics, contributing to a favorable outcome.
A car accident attorney can document damages, gather compelling evidence, retain expert witnesses, and present cases in ways that maximize value. They can also protect you against early lowball settlement offers and pursue all potential sources of compensation.
Insurance Coverage of the At-Fault Party
The drunk driver's insurance policy limits the amount of your potential recovery from their insurer. Minimum state-required coverage may be insufficient for serious injuries, hindering your ability to recover from an injury.
Comprehensive coverage with high liability limits allows for full compensation of substantial claims. If the at-fault driver lacks adequate insurance or is uninsured, your underinsured/uninsured motorist coverage can cover the losses.
A car accident attorney can explore alternative sources of compensation, including additional assets owned by the drunk driver, through a lawsuit.
Can You Sue a Drunk Driver for Hitting You
Yes, you can sue a drunk driver for hitting you. A drunk driving lawsuit is an opportunity for a fair assessment of the claim before a judge, which enhances the possibility of receiving a fair settlement value that covers your losses.
Consider filing a lawsuit when the driver's insurance coverage is insufficient to cover your damages. You can also initiate a lawsuit when an insurance company denies or undervalues your claim.
You should also consider legal action if the drunk driver was uninsured and wanted to pursue punitive damages beyond standard compensation. A car accident lawsuit can enhance maximum recovery for permanent disabilities or when insurance limits are inadequate for catastrophic injuries.
Let a Car Accident Lawyer Strengthen Your Drunk Driving Claim
You’re likely to endure financial strain after sustaining an injury in a drunk driving crash. For example, a fractured arm can keep you out of work for a few months, leading to a loss of income. A lengthy treatment plan may also disrupt your finances due to hefty medical expenses.
You should, therefore, work closely with a car accident attorney to protect your legal right to compensation. They can investigate the crash, gather compelling evidence, and initiate a claim or lawsuit against the negligent party.
Contact a personal injury lawyer for legal support after a drunk driving crash.
Drunk Driving Car Accidents Frequently Asked Questions
When Should I Hire a Car Accident Lawyer
Hire a car accident attorney if you suffer severe injuries, face disputed fault, deal with insurance companies denying or undervaluing your claim, have multiple parties involved, or encounter significant medical bills and lost earnings.
You should also hire a car accident lawyer when facing insurers to avoid making statements likely to diminish your right to compensation.
How Much Does a Lawyer Cost for a Car Accident
Car accident attorneys typically work on a contingency fee basis, meaning they only get paid if you win your case. Their fee is usually a percentage of your settlement or court award.
You may also be responsible for case expenses like filing fees, expert witnesses, and medical records. Some car accident lawyers offer free initial consultations to discuss your case and fee structure.
How Long Do I Have to File an Injury Claim After a Car Accident
The time limit to file an injury claim after a car accident varies by state, type of claim, and circumstances involved. Factors affecting deadlines include your location, whether government entities are involved, the severity of injuries, and insurance policy terms.
Don't delay because waiting too long can permanently bar your claim. A car accident attorney understands the applicable deadlines in your case, allowing you to file a timely claim that protects your right to compensation.