Drunk driving has caused hundreds of accidents, resulting in injuries and fatalities across the country. Some cities like Dallas report over 1,000 crashes caused by alcohol, and such accidents lead to injuries and sometimes, death. The drunk driver is responsible for the damage caused to the accident victims and may also face civil liability and criminal charges. Different states have different laws and punishments for drivers who drive under the influence and cause an accident or injury. For example, Arizona DUI laws have two punishments based on the first and subsequent offenses. For the first offense, they will jail the driver for at least 10 days and charge a fine of a minimum of $1,250. In case of the second or subsequent offense, they will be jailed for at least 90 days and apply a fine of $3,000 while the license will be revoked for a year.
A drunk driving lawsuit is not different from any other personal injury claim against drivers who break the law, which leads to an accident. However, drunk driving accidents are very serious accidents that cause injuries or death. Medical expenses and property damage are more likely in drunk driving accident cases as compared to other car accidents. Since drunk driving is considered a criminal offense, there are a few things you need to keep in mind and understand why this type of car accident is a little different.
It could be easier to prove liability
All drivers have the duty of driving safely and ensuring the safety of others. Drivers must remember the danger of driving under the influence, and if an impaired driver sits behind the wheel and fails to perform their legal duty of safe driving, they could be in trouble. The proof that a law was broken can get the driver in trouble.
The lawsuits are more likely to settle
Insurance companies and attorneys are aware that the jury does not favor drunk drivers, and this is why they want to settle the case out of court. It helps avoid the risk of a major verdict. Hence, injured family members or individuals of the DUI-related death victims could receive a more generous settlement.
The absence of insurance coverage
Before filing a lawsuit, an insurance claim against the driver’s insurance company should be made. Some states require drivers to show proof that they have the ability to pay for the damages they cause. But if the driver breaks one law, they could break another. With millions of drivers on the road, there could be many who are uninsured and not able to pay for the accidents they cause.
The business establishment could be liable too
Also known as ‘dram shop’ laws, the businesses that serve alcohol to individuals who cause a drunk driving accident could also be held liable for the damages. The business will be held liable if the person being served alcohol was intoxicated to the state of presenting a clear danger to others and if serving alcohol to the person was the main cause of the damages claimed. Car accident victims could hold the business liable if the damages occur close to the time of the drinking at the business establishment. If more time has passed between drinking and the time of the accident, then it could become more burdensome to connect the actions of the driver with the business establishment that served them.
Direct lawsuit
If there is no insurance coverage, you can only recover from the driver through a direct lawsuit. However, one must remember that if the driver is willing to risk driving without any insurance coverage, they might not even have the assets to pay the damages award. If there are several medical bills, the at-fault party may not be able to provide the compensation ordered when the case is settled.
Uninsured motorist coverage
An ideal option for the injured person is to reach out to their insurance company for compensation. Thecoverage for uninsured and underinsured motorists is optional and will be automatically offered to drivers. Its limits will match the driver’s liability limits, and the driver is required to opt out of the coverage in writing. In order to receive the compensation, the claim will have to be proven as though it were filed against the drunk driver.
Drunk drivers are a serious risk to the safety and health of those who use roadways in the country. While individuals must act responsibly and avoid driving under the influence, there are ways you can protect yourself in case of an accident or injury. If you or your loved one has been involved in an accident, you need to reach out to expert personal injury lawyers who will guide you and support you throughout the process.
Published by HOLR Magazine.