You can contact a car accident attorney to pursue an injury claim against the drunk driver. Every driver has a duty to act reasonably to protect others on the road. This includes maintaining control of the vehicle, obeying traffic laws, avoiding distractions, and not getting behind the wheel when impaired by drugs or alcohol. When you are hit by a drunk driver, that driver has violated his duty to you, and he is responsible for any damages caused by the accident.
Pursuing A Drunk Driver For Damages
If you are hit by a drunk driver, your car accident attorney will prepare a demand settlement outlining the compensation you are entitled to receive for your injuries, losses, and damages. Common damages in DUI accident claims include:
- Property damage, including any personal property in the vehicle that may have been damaged in the collision
- Medical bills, including physical therapy and future medical treatments
- Lost wages and loss of earning capacity, including future lost wages
- Compensation for permanent disability, scarring, and disfigurement
- Cremation, funeral, and burial expenses, in the event of a wrongful death
- Loss of enjoyment of life
- Compensation for physical pain, emotional suffering, and mental anguish
- Other out-of-pocket expenses related to the accident (i.e. travel expenses, medical equipment, etc.)
- Punitive damages, in some cases
The damages and compensation are different in each drunk driving case. Your car accident attorney gather information and evidence to maximize the compensation you are entitled to receive under Indiana’s personal injury laws. It is important to conduct an accident investigation and gather evidence, even if the driver is convicted of driving while impaired.
Proving Negligence When You Are Hit By A Drunk Driver
Even though the driver is charged with and convicted of drunk driving, you must prove the driver caused the collision that resulted in your injury to receive compensation. Simply showing the driver was drunk is not sufficient to prove the driver caused the accident. Therefore, the driver’s insurance company may try to deny your injury claim to avoid paying a large settlement.
It is important that you hire an experienced car accident attorney with the skills, resources, and knowledge to conduct a thorough accident investigation to obtain the evidence needed to prove fault. Never assume an injury claim is a “slam dunk” because a drunk driver is involved. Insurance companies fight DUI accident claims as aggressively as they fight other injury claims.
Have You Been Injured By A Drunk Driver?
Drunk drivers cause thousands of accidents each year in the United States. According to the CDC, 28 people die each day in alcohol-related traffic accidents in this country, and the annual cost of alcohol-related accidents is more than $44 billion. If you are the victim of a drunk driver, you have the right to receive compensation for your injuries.
For a free consultation with a car wreck attorney, call The Ken Nunn Law Office at 1-800-CALL-KEN or 1-800-225-5536 or talk to a representative online. You have a limited time to file an accident claim in Indiana. If you fail to file your lawsuit before the deadline, you lose your right to hold the party accountable for damages. Contact our office today for your free case evaluation. Money cannot undo the damage done by a drunk driver, but a financial settlement can help pay for your medical treatment and other needs to take the financial burden off your family.