Drunk Driving Accident Claims: How They Differ from Other Accidents

If you’ve been hit by a drunk driver, your accident claim may have key differences from other car accidents. From more serious injuries to the involvement of criminal charges, these factors can affect your claim. Often, your claim may be worth more than a typical car accident.

An experienced injury lawyer can help you understand what your claim is worth. Plus, they’ll work to get you the compensation you deserve. Drunk driving accidents are often the most devastating because they are always preventable. The impact on victims and their families can be overwhelming. Today, we’ll explain how drunk driving accidents differ from other crashes and what you can do about it.

Injuries and Emotional Trauma from Drunk Driving Incidents Can Be Severe

A drunk driver often causes devastating consequences, including severe injuries or even fatalities. This isn’t surprising when you consider how alcohol impairs a driver’s abilities. Alcohol slows reaction times, hampers judgment, and leads to unsteady, unpredictable maneuvers. High speeds are also frequently a factor in these crashes, increasing the severity of the impact.

Here are some common ways a drunk driving accident harms victims:

  • Catastrophic injuries requiring hospitalization and surgery
  • Emotional trauma, including PTSD, anxiety, and depression
  • Rehabilitation, such as physical therapy
  • Steep medical bills
  • Missed time from work

Beyond the physical and financial toll, the emotional impact can feel infuriating. It’s hard to accept that someone’s reckless decision to drive drunk has turned your life upside down.

How Criminal DUI Charges Strengthen a Negligence Claim 

Drunk drivers can face both criminal charges and a civil lawsuit. While this can add layers of complexity to your case, it often strengthens your civil claim.

Let’s break this down:

Criminal Case

When law enforcement determines the driver was intoxicated, the state can pursue criminal charges, such as Driving Under the Influence (DUI). To secure a conviction, prosecutors must prove guilt “beyond a reasonable doubt.” Evidence like the driver’s Blood Alcohol Content (BAC) or field sobriety test results is often key. If convicted, the driver could face penalties such as fines, license suspension, or even jail time.

Civil Case

A victim or victim’s family makes a civil claim. The goal is simple: to seek financial compensation for losses like medical bills. The burden of proof in a civil case is much lower as victims only need to show that the driver was negligent. What’s more, evidence used in a criminal case, such as BAC results, can often be used to bolster the civil claim.

The key takeaway: proving the drunk driver’s negligence is central to winning your civil case. If the driver is also facing criminal DUI charges, that evidence can strengthen your claim for compensation.

Insurance Companies May Treat a Drunk Driving Accident Claim Differently

If you’ve been in a drunk driving accident, don’t be surprised if the insurance company approaches your claim differently than they would for other car accidents.

Here’s why: drunk driving accidents often come with strong evidence of negligence. When the other driver is charged with a DUI, it’s much harder for the insurer to argue that you share any of the blame. Also, since injuries in these crashes are often more severe, the insurance company knows your claim may be worth more.

Because of this, the insurance company might try to settle your claim quickly. While it’s tempting to accept a fast payout, weigh your options carefully. Once you agree to a settlement, you can’t go back to ask for more money or file a lawsuit later. Make sure you understand the full value of your claim before signing anything.

An experienced injury lawyer can be a valuable advocate in this process. They’ll know what a fair settlement looks like and can help you avoid accepting less than you deserve. Plus, if negotiations with the insurance company break down, having a lawyer by your side puts you in a strong position to take legal action.

Your Options: Settling vs. Suing after a Drunk Driving Accident

If you’ve been injured in a drunk driving accident, you have two main options for seeking compensation: settling or filing a lawsuit. Let’s break down what each approach involves:

  • Drunk Driving Accident Settlement.
    A settlement happens when you and the insurance company agree on compensation for your medical expenses, lost wages, and pain and suffering. This typically involves negotiations, which can take place over the phone or via email. The main advantage of settling is that you receive your money faster and avoid the stress of going to court.

However, keep in mind that once you agree to a settlement, you’re giving up your right to ask for more money or to file a lawsuit for the same accident. That’s why it’s important to ensure the settlement offer fully covers your current and future needs.

  • Drunk Driving Accident Lawsuit.
    If settlement negotiations break down, you (or your lawyer) can file a lawsuit against the drunk driver. Taking the case to court might result in a larger compensation amount than you’d receive through a settlement. But the process can be time-consuming and stressful. There’s also a risk of losing the case, which would leave you without compensation.

If you’ve suffered serious injuries in a drunk driving accident, consulting with an experienced injury lawyer is a smart move. A lawyer can help you determine the true value of your claim and guide you in deciding whether to settle or pursue a lawsuit. Their expertise puts you in the best position to seek the maximum compensation you deserve.

Dram Shop Laws: When Others are Responsible for a Drunk Driving Accident

Many drunk driving accident victims don’t realize that other parties, beyond the driver, could potentially be held responsible for their injuries.

Washington State is one of 42 states with dram shop laws, which allow victims to pursue claims against bars, restaurants, or other establishments that over-serve alcohol to patrons who later cause accidents. For example, if a bar knowingly served alcohol to someone who was clearly intoxicated, and that person then caused a crash, the bar could share liability.

However, dram shop claims can be complex and challenging to prove. If you suspect the driver who hit you was over-served, an experienced injury attorney can investigate and assess whether there’s enough evidence to pursue this type of claim.

How an Experienced Drunk Driving Accident Lawyer Can Help

If you’ve been injured by a drunk driver, an experienced attorney can make all the difference. At Ladenburg Law, we’ve helped many victims secure fair compensation while holding drunk drivers accountable. Your consultation is always free, so reach out to our team today to get started.

    Get a Free Case Evaluation