Nobody should drive while under the influence of alcohol. Doing so is an extremely negligent action with dire consequences. These consequences affect the driver, but the impact often reaches other roadway users as well.
When drunk driving accidents happen, it may seem like you are helpless. A Dacula drunk driving accident lawyer at John Foy & Associates can help you recover compensation from the drunk driver who hit you.
Why do Drunk Driving Accidents Happen?
When someone consumes alcohol, their ability to accurately perceive the circumstances around them diminishes significantly. They lose awareness and are far less capable of reacting to things that happen in their immediate surroundings. Drunk people are also prone to other issues, such as poor concentration and even blurred vision.
With these effects in mind, it should be clear to most that driving while drunk is inappropriate in nearly every context. Yet, people still choose to drive their vehicles after drinking.
These people do not have the capacity to drive a vehicle safely, so accidents are bound to occur. Unfortunately, the accidents may cause devastating injuries to other drivers, pedestrians, and other roadway users.
Get the strong arm
What to Do When Hit by a Drunk Driver
Any car accident can be shocking, but drunk driving accidents have more potential to be catastrophic in nature. When someone is driving drunk, they are less likely to obey traffic laws and drive responsibly, so if an accident happens, there is a possibility that they will simply drive away. Whether they stick around or not, you need to call 911 immediately to contact the police.
When they arrive, they will begin the process of creating a detailed report based on information provided by you and any witnesses. If possible, you should also take pictures of the scene of the accident.
If the drunk driver remained on the scene, they will also be interviewed. As soon as the police officer determines that they are intoxicated, the driver will be prosecuted. A field sobriety test will be administered to determine if they are drunk, and the offender will be taken to the police station and processed.
File a Claim
But this is not where the process stops. You may assume that the driver being arrested will lead to some form of compensation, but that is not the case. In order to recover compensation after a drunk driving accident, you need to file a claim against the driver and their insurance company.
To do this, you will need substantial evidence showing that they were the ones who caused the accident due to their negligence.
Consequences for Drunk Drivers
You may not be worried about the consequences that the driver who hit you will face. Still, it is important to learn what may happen to them. This can help you build a strong case for your drunk driving accident claim.
After being convicted of drunk driving, the offender will face severe penalties, like fines and jail time. The severity of these penalties depends on whether this is their first offense or if they are repeating offenders. Repeated offenses invoke stronger penalties.
Do not let a drunk driver convince you not to call the police because of the penalties that they will face. They committed the crime. Not calling the police will only worsen your chances of recovering the fair compensation you deserve.
To ensure that you do get that compensation, get in touch with a drunk driving accident lawyer in Dacula immediately.
Filing a Drunk Driving Accident Claim
Upon being involved in a drunk driving accident, you are likely seeking restitution for your damages. Fortunately, the civil court system is designed to protect individuals like you. To recover the money you need to pay for your medical bills and compensate for missed time from work, you need to file a claim against the drunk driver or their insurance company.
It is important to note that many auto insurance policies will not cover accidents that involve the insured person driving drunk. This is an unfortunate reality that makes it difficult to collect compensation in drunk driving accident claims, but you can still win. A Dacula drunk driving accident attorney can review the insurance policy and find out that the accident actually is covered.
Otherwise, you will need to pursue compensation directly from the drunk driver. Don’t worry – you do have recourse. It just might be a little difficult to get the results you deserve.
To streamline the process, get the support of a drunk driving accident attorney in Dacula. With an attorney on your side, the chances of getting fair compensation increase dramatically.
What Is Fair Compensation in Drunk Driving Accident Claims?
The objective of a civil lawsuit is to recover an amount of money that compensates the claimant for any losses or other expenses they suffered due to an accident. The amount of money they recover has the potential to be fair, but this is not always the case. If the insurance does accept the claim, there is a chance they will attempt to offer a low, unfair settlement, which is why claimants should retain a Dacula drunk driving accident lawyer to fight for what is right.
By hiring an attorney, you gain the opportunity to get a detailed understanding of exactly how much compensation you are actually due. The forms of compensation you can recover depend on the circumstances of the accident, but expect to claim a variety of damages, including:
If you were hit by a drunk driver who egregiously broke the law or hit multiple people, you may be able to recover punitive damages. These are damages that are enforced to keep defendants from committing extremely offensive behaviors in the future. They are rare, but in some circumstances, they are warranted.
To learn whether your claim is eligible for punitive damages, speak to a Dacula drunk driving accident lawyer.
Most drunk driving accidents result in some economic damages. These are damages that involve a loss of money or physical possessions. Some examples of economic losses are:
- The replacement or repair cost of damaged property
- Replacement of lost wages that could not be earned due to an accident-related injury
- Healthcare costs associated with treating injuries incurred in the accident
When accidents cause injury, the damage is more than just physical. The emotional and otherwise intangible losses associated with a drunk driving accident are called non-economic damages. These damages are treated as being just as real as other damages, and some examples include:
- Loss of ability to live comfortably
- The pain and suffering a victim is afflicted with
- Loss of enjoyment in life
- Emotional distress and emotional trauma
- Lack of consortium
A Criminal Injured You Seek Justice
John Foy & Associates has taken on countless drunk drivers to recover the compensation that their victims rightfully deserve. We can help you, too. To get started with a free case evaluation, use the contact form on this page.