Drunk driving incidents usually amount to devastating results, changing victims’ and their families’ lives forever. In case one has suffered at the wheel of someone else’s selfish decision to drive under the influence, there can be no better assistance than legal advice. This article throws light on some special difficulties with drunk driving cases and emphasizes that strong legal support is necessary for the proper outcome of justice and compensation.
The Ruin of Drunk Driving Accidents
Human error is not just an accident; it is the action of drunk driving that costs lives to be taken. Victims may face:
- Severe Injuries: Drunk driving always causes serious injuries like quadriplegia, brain injury, bone breakage, internal bleeding, etc.
- Emotional Trauma: A way of life is being changed, and psychologically, people are never the same again after such a heinous incident.
- Financial Burdens: Hospitals, physicians, nurses, therapies, potential loss of wages, damaged real estate, etc., put these individuals under a lot of cost pressure.
Solutions to these challenges can only be provided by an attorney who has to work on case by case basis to find the best solution.
Special Aspects of Legal Representation in Drunk Driving Cases
There are some unique elements to drunk driving cases that demand a special approach. Some of the special elements that attorneys experienced in these cases deal with include:
1. Proof of Alcohol Impairment
Unlike standard car accidents, establishing alcohol impairment is crucial in drunk driving cases. Attorneys work with:
- Toxicology Reports: Blood alcohol content levels are essential evidence.
- Witness Testimonies: Statements from onlookers regarding erratic driving and/or consumption of alcohol.
- Police Records: Sobriety tests, accident reports, and arrest details enhance the prosecution’s case.
2. Detecting a Second Defendant
The results show that liability is not limited to the drunk driver alone. Experienced attorneys investigate if other parties contributed to the incident, such as:
- Bars or Restaurants: Those “dram shop” establishments who were reckless regarding the distribution of alcohol are most likely legally culpable.
- Social Hosts: People who encouraged fig-hoovering below and patronizing alcohol during festive private events.
3. Addressing Complex Damages
Besides, the victims of the cases can claim general damages such as pain and suffering, loss of consortium, and emotional distress. Lawyers make sure that all kinds of losses are thoroughly described and quantified.
Things That Victims Should Do as Soon as They Have Suffered a Drunk Driving Accident
Delays can be very destructive in a victim’s case, so it’s imperative to take action as soon as you are able to. Here’s what to do:
1. Prioritize Medical Care
Health comes first. All injuries, including scratches and bruises, ought to be taken to a medical provider to ensure they are not serious or have other underlying causes or symptoms that will surface later.
2. Call the Police
Police report gives an official record of the incidence and may contain otherwise immutable evidence such as results of the field sobriety tests.
3. Document the Accident Scene
When safe to do so, collect:
- Pictures of the vehicles, road conditions, and injuries.
- Contact information of the witnesses.
- Notes regarding the behavior of the drunk driver.
4. Avoid Direct Communication with Insurers
Most insurance companies try to minimize their payouts. The attorney will ensure that victims do not harm their claims by making unnecessary statements before consulting a lawyer.
5. Consult an Experienced Attorney
Legal representation is quite necessary for the complexities involved in drunk driving cases. Early involvement by an attorney ensures that critical evidence is preserved and deadlines are met.
Why Legal Representation is Important
After a drunk driving accident, there are several issues one will go through, ranging from dealing with difficult insurance companies to understanding complicated liability laws.
A good drunk driver accident victim attorney offers the following services:
1. Thorough Case Review
The attorneys go through each and every aspect of the case, starting from medical records to the accident reconstruction reports, not missing anything.
2. Expert Negotiation Skills
Insurance adjusters often make offers that are well below what victims should receive. Lawyers use their negotiation skills to obtain fair damages.
3. Trial Representation
In the event of a failure in negotiations, lawyers are always ready to argue the case in court with sufficient evidence and expert witnesses.
Damages Which the Victim Is Entitled To
Victims of drunk driving accidents may seek compensation for:
1. Economic Damages
Special damages compensate for tangible financial losses, and economic damages are meant to compensate for rational cogitative losses. These include:
- Medical Expenses: These include all emergency treatment, operation, intensive care, and hospital care, physiotherapy treatment, special treatments, drugs, and appliances that a survivor may need such as wheelchairs, artificial limbs, etc.
- Lost Income: As earlier indicated, compensation for lost wages is possible where the victim is incapacitated from working as a result of an injury. Where the injuries are such that the injured party may not be able to work in the future, compensation also extends to future lost earning capability.
- Property Damage: Damage to other property involved in the accident, including damaged vehicles and any other property that was destroyed or needed to be replaced.
- Rehabilitation Costs: Expenses in connection with continuing recovery, for instance, such types of therapy meetings or rehabilitation programs for physical or psychological health restoration.
2. Non-Economic Damages
Non-economic damages are triggers of the social and psychological impacts of drunk driving accidents. These include:
- Pain and Suffering: Cash woe for bodily harm suffered as a result of the injuries that were sustained to the body in the accident.
- Emotional Distress: It can also cause Anxiety, depression, or even post-traumatic stress disorder (PTSD) when the incident occurs. Non-economic damages, as explained, were meant to compensate for these emotional issues.
- Loss of Consortium: This would be relevant to the consequences the accident imposes on relationships, especially with a spouse, where consortium, companionship, affection, and support have been affected.
- Decreased Quality of Life: In cases where the suffered injuries make the victim enjoy fewer daily activities or hobbies, victims can claim loss of life’s pleasures.
3. Punitive Damages
Such damages are given when the actions of the drunk driver can be categorized as malicious or especially reckless. Damages serve two purposes:
- Punishment: To bring the pain of their actions onto the offender.
- Deterrence: For the purpose of deterring like behavior in the future by establishing legal precedent.
Although punitive damages are not awarded in each situation, having this feature shows that the driver was very careless, in addition to the monetary compensation amount.
The Attorney’s Role in Securing Justice
Attorneys who specialize in drunk driving cases do more than represent their clients in court. They offer:
- Empathy and Support: Understanding the emotional toll on victims.
- Access to Resources: Connections with medical professionals, accident reconstruction experts, and financial planners.
- Commitment to Justice: Ensuring the responsible parties are held accountable.
Final Words
DWI is a preventable type of accident that results in the survivors experiencing severe consequences. Besides supporting victims to seek justice, legal assistance facilitates victims’ efforts to regain their quality of life based on the compensation that they need. Endorsing experienced attorneys enables the victims to concentrate on healing up while their representative deals with the shadier stuff of law.