We Don't Win, You Don't Pay

Drunk Driving Accidents: What You Need to Know

by Christian Scranton

Dealing With Accident Involving Drunk Drivers

Accidents happen every day, but the pain and trauma intensify when you become a victim due to someone else’s negligence. Drunk driving is a severe issue, leading to many accidents each year. Alcohol impairs the ability to function, making driving under its influence dangerous. With reduced cognitive skills and slowed reaction times, intoxicated drivers are more likely to cause accidents. In such circumstances, it is crucial to know your rights and the legal measures you can take.

Your Rights as a Victim

As a victim, you possess specific rights. The most fundamental is the right to seek medical attention, followed by the right to pursue legal action against the perpetrator. After a drunk driving accident, you can file a lawsuit against the negligent party, claiming compensation for medical bills, lost wages, and emotional distress.


drunk driving accident california

Steps to Take After the Crash

Your safety is paramount. First, call for medical assistance if required. Document the scene, gather eyewitness accounts, and inform the police. Obtaining a copy of the police report will be beneficial for any future legal action.

  1. Seek Medical Help: Even if injuries aren’t apparent, some can manifest later. Always consult a doctor.
  2. Document Everything: Photos, eyewitness accounts, and details can be pivotal when pressing charges or seeking compensation.
  3. Notify the Police: Get a formal record of the incident with an official police report.

Pursuing Compensation

Victims are entitled to compensation for both physical and emotional trauma. This compensation can cover medical bills, lost wages, and even punitive damages in some cases. An experienced personal injury attorney with a history of handling DUI Accidents will definitely help to maximize your claim.


Navigating Legal Waters with an Attorney

Hiring an experienced attorney is crucial. They’ll help gather evidence, negotiate with insurance companies, and ensure you receive the justice you deserve. Engaging with an experienced attorney can make the difference between a failed claim and securing just compensation.

The Psychological Aftermath

Beyond the physical, accidents can leave lasting mental scars. Consider counseling or therapy to navigate post-traumatic stress and anxiety.

When a Loved One Dies in an Accident with a Drunk Driver

The loss of a loved one in an accident involving a drunk driver is an unimaginable tragedy. It leaves families grappling with grief, anger, and a slew of legal and financial challenges. This guide aims to provide some clarity during such harrowing times.

Legal Recourse and Wrongful Death Claims

Families have the right to file a wrongful death lawsuit against the intoxicated driver. This allows them to seek compensation for medical expenses, funeral costs, lost future earnings, pain and suffering, and other damages.

Coping with Grief

Losing a loved one is emotionally devastating. Consider seeking grief counseling or joining a support group to help process the pain and trauma. Remember, grieving is a personal journey, and everyone copes differently.

Drunk Driving Accident FAQs

  1. What legal actions can I take against a drunk driver?

    • You can sue for negligence, leading to personal injury, or pursue criminal charges against them.
  2. Can I claim if I partly contributed to the accident?

    • Yes, though compensation might get reduced based on your degree of fault in some jurisdictions.
  3. How do I prove the driver was intoxicated?

    • Police reports, breathalyzer results, and eyewitness testimonies can serve as evidence.
  4. Does insurance cover my medical bills in such cases?

    • Typically, insurance should cover, but the specifics depend on your policy and the incident’s circumstances.
  5. Can I sue the establishment that served the driver alcohol?

    • Some regions have “dram shop” laws, holding establishments responsible if they serve alcohol to already intoxicated patrons.
  6. How long do we have to file a wrongful death lawsuit?

    • Time limits vary by jurisdiction, but it’s essential to consult an attorney promptly to ensure timely filing.
  7. What if the drunk driver also died in the accident?

    • Families can pursue claims against the driver’s estate or insurance.
  8. Can we claim emotional distress?

    • Yes, many jurisdictions allow for compensation due to emotional pain and suffering.

Whether you are personally a a victim of a drunk driving accident or you lose a loved one in to a drunk driving accident the trauma is immeasurable. However, with the right knowledge and actions, you can seek justice and find a path to recovery. Although no compensation can truly heal, the pursuit of justice provides a measure of solace. By understanding your rights, and seeking expert advice, the journey toward healing and justice becomes more navigable. The Scranton Law Firms dedicated and experienced team is here to help call or contact us today to set up a no obligation free consultation. 


Free Case Review

Visit Our Main Office