I Was Hit by a Drunk Driver: What Are My Options?

According to the Alabama Department of Transportation, 6,751 people who caused crashes in 2022 were cited for driving under the influence of alcohol or drugs. Because drunk drivers have lowered inhibitions and difficulty regulating their speed and direction of travel, drunk driving crashes tend to cause serious injuries. 

If you are involved in a motor vehicle accident with an impaired driver, it’s crucial you understand your legal options for recovering compensation for the damages you sustained. The Huntsville DUI accident lawyers with Siniard Law, LLC can discuss your legal rights during a free initial consultation. Call us today to get started.

Your Legal Options Following a Drunk Driving Crash

After a collision with a drunk driver, you may have several options for pursuing compensation for your damages. The choice that is right for you will depend on your specific situation and interests. An experienced personal injury attorney can walk you through the following options:

File a Claim with the At-Fault Driver’s Insurer 

The first source you may turn to for financial compensation is the drunk driver’s liability insurance. All Alabama motorists are required to carry liability insurance to cover damages they cause to other drivers in at least the following minimum amounts:

• $25,000 for bodily injury liability per person
• $50,000 for bodily injury liability per accident 
• $25,000 for property damage 

Car insurance typically covers drunk driving accidents.

Car insurance claims may provide fair compensation following a crash without the hassle of going to court. 

File a Dram Shop Claim

Alabama’s Dram Shop Act allows injured victims and surviving family members to pursue financial compensation against business owners who knowingly served alcohol to a visibly intoxicated person who caused a drunk driving crash. Claims may be made against various types of establishments, such as:

• Bars
• Liquor stores
• Restaurants
• Convenience stores

A drunk driving accident attorney can help determine if filing a dram shop claim is a viable option in your case.

Make a Claim with Your Own Insurer

You could have auto insurance that can provide coverage for your injuries. For example, you could have collision insurance that can help pay for your vehicle repairs. If the driver was uninsured, you could file a claim with your uninsured motorist (UM) coverage. If the drunk driver had too little coverage, you could file a claim with your underinsured motorist (UIM). 

File a Lawsuit

If the insurance company involved in any of the claims above denies your claim or refuses a fair settlement, you can file a personal injury lawsuit. Our personal injury attorneys have extensive experience in litigation. We can identify all the parties at fault for your injuries and pursue maximum compensation against them in a court of law. 

Ask for Restitution 

Operating a motor vehicle with a blood alcohol concentration (BAC) of 0.08% or more is illegal in Alabama. If the prosecution pursues a criminal case against the drunk driver who caused the crash, you can ask for restitution as part of the case to pay for your losses.

Discuss your various legal options when you contact our personal injury lawyers today for a legal consultation. 

What Financial Compensation Can I Recover After a DUI Crash?

If a drunk driver caused your injuries and losses, you can pursue compensation against them through a personal injury claim or lawsuit. Through a legal claim, you may be able to recover compensation for the following:

• Medical expenses, including hospital bills, ambulance costs, rehabilitation, ongoing medical treatment, medication, and future medical expenses
• Lost wages and other income you would have earned if you were not hurt in a wreck
• Reduced earning capacity if your accident injuries caused permanent disabilities or impairments
• Costs of vehicle repairs or replacement 
• Accommodations for disabilities, such as a wheelchair ramp
• Pain and suffering, emotional distress, loss of enjoyment of life, permanent disfigurement and scarring, and other subjective losses you sustained because of the drunk driving accident

Our drunk driving accident attorneys can gather evidence to establish the full extent of your losses. In some cases, it may be possible to pursue compensation for punitive damages, which are awarded in cases involving egregious behavior to punish the defendant.

What Do I Have to Prove to Win a Drunk Driving Accident Claim?

Alabama is an at-fault state for car accidents, so the driver found at fault for the accident is responsible for paying the victim compensation. Just because a drunk driver was involved in a crash does not necessarily mean they were at fault for it.

To recover compensation, you will need to show the drunk driver actually caused the accident and that you suffered harm as a result. An experienced attorney can help gather the evidence necessary to establish your claim, such as:

• Receipts or video surveillance showing the purchase of alcohol
• Toxicology reports
• Accident reports, police officer statements, and arrest records
• Videos or photos of the crash scene
• Eyewitness statements
• Medical records

How Does a Criminal Case Affect My Car Accident Claim?

If a drunk driver injured you, it’s possible that the defendant may face criminal charges related to the incident. Any such criminal case is separate and distinct from your legal claim. The criminal case is focused on punishing the defendant for violating the law, while your civil claim is focused on recovering compensation for your economic and non-economic damages. 

There is a different burden of proof in criminal cases, making it more challenging to secure a verdict. Recovering compensation in your civil case does not depend on securing a conviction in the criminal case. You can still recover compensation if you can prove the drunk driver’s intoxication or negligence was the direct cause of the crash that injured you.

However, if there is a conviction for DUI, this can help your case. The insurance adjuster or jury can accept the finding of impairment, making it easier for you to prove your case. You may also benefit from using the same evidence as that which was presented in the criminal trial.

What If the Drunk Driver Didn’t Have Insurance?

It’s possible that a driver irresponsible enough to decide to drive after drinking is also too irresponsible to maintain auto insurance or sufficient insurance. If the drunk driver had no or inadequate insurance, you may have various legal options. You may be able to file a lawsuit against the drunk driver. You may have legal claims you can make against liable parties. You could make a claim with your insurance company under your UI or UIM coverage. An experienced lawyer can walk you through your options.

How Can Our Drunk Driving Accident Lawyers Help You After a Wreck?

Drunk driving crashes can lead to severe injuries that derail your life. It’s essential after a drunk driving crash that you work with an accident lawyer familiar with these types of cases. An experienced lawyer can review your claim, explain your legal options, answer your questions, and pursue fair compensation while you focus on your healing journey. 

Our injury attorneys can help gather strong evidence to build a solid claim on your behalf. We can also explore if you have legal claims against parties that contributed to the accident, such as against the person or business that furnished alcohol to the drunk drivers. Our accident lawyers can negotiate aggressively for you to recover the compensation that fairly acknowledges the full extent of your injuries and losses.

What Should I Do After a Drunk Driving Accident?

Drunk driving accident victims can take certain actions to protect their legal rights following a collision, including:

• Remaining at the accident scene 
• Contacting law enforcement to report the accident and asking for a copy of the police report
• Exchanging information with the at-fault driver, including their name, contact information, and insurance policy number
• Seeking medical attention immediately
• Documenting the accident scene, including taking pictures of the damage to property and injuries
• Keeping all documentation related to the accident, including medical bills
• Contacting an experienced lawyer to explore legal action they can take to seek compensation

How Much Time Do I Have to File a Personal Injury Lawsuit?

While most drunk driving accident claims can be resolved with insurance companies, it may be necessary to file a lawsuit if the insurance company denies your claim or refuses to offer fair compensation. You have a limited amount of time to file a personal injury lawsuit after your cause of action arises, based on the statute of limitations. Alabama’s statute of limitations is two years from the accident date. If you fail to file your claim within this timeline, you can forfeit your right to compensation. 

Contact Our Legal Team Today for a Free Case Review

If you were injured in an auto accident involving a drunk driver, a personal injury lawyer from Siniard Law, LLC can help. We can assist you through the claims process and work hard to obtain maximum financial recovery so you can focus on your well-being. Contact our law firm today for a free consultation.