Drunk driving is a serious problem that causes countless accidents, injuries, and deaths every year. If you’ve been in a car accident caused by a drunk driver, you may be wondering if you can pursue a lawsuit against them.
The answer is yes, but there are a few things you need to know.
First, it’s important to understand the legal concept of negligence. In order to win a lawsuit against a drunk driver, you need to prove that they were negligent. Negligence means that the driver failed to exercise reasonable care while driving and that this failure caused your injuries or damages.
Proving Negligence
In the case of a drunk driver, it’s generally easier to prove negligence than if the other driver wasn’t drunk when the accident occurred. Driving under the influence of alcohol is illegal, and it’s widely known that drunk driving greatly increases the risk of an accident. Therefore, if you can show that the other driver was drunk at the time of the accident, it will likely be easier to prove that they were negligent.
Once you’ve established negligence, you can pursue a lawsuit against the drunk driver. This typically involves hiring a personal injury attorney. Your attorney will help you gather evidence, such as police reports, witness statements, and medical records, to build a strong case against the drunk driver.
Top Considerations Before Filing a Lawsuit
- Gather Evidence: Collect all relevant evidence such as police reports, eyewitness statements, photos of the scene, and medical records.
- Consult an Attorney: It’s important to consult an experienced attorney to help guide you through the legal process.
- Assess Your Damages: Calculate your damages, including medical bills, lost wages, property damage, and pain and suffering.
- Determine Liability: Proving liability is a critical aspect of a drunk driving accident lawsuit. You need to establish that the other driver was at fault for the accident.
- Determine Insurance Coverage: Find out what insurance coverage the drunk driver has and whether it is enough to cover your damages.
- Consider Negotiation: Explore the possibility of negotiating a settlement with the drunk driver’s insurance company before filing a lawsuit.
- Evaluate the Strength of Your Case: Consider the strength of your case, including the evidence you have gathered, liability, and damages.
- Determine the Venue: Decide where to file the lawsuit, which could depend on where the accident occurred or where the defendant resides.
- Prepare for Trial: If negotiation fails, prepare for trial by reviewing the evidence, drafting a case strategy, and working with your attorney.
- Understand the Legal Process: Educate yourself about the legal process, including the time frame for filing a lawsuit, the discovery process, and the trial process.
Hiring a Personal Injury Lawyer for Your Drunk Driver Lawsuit
In many cases, the drunk driver’s insurance company will be responsible for paying damages. However, if the drunk driver doesn’t have insurance or their insurance policy doesn’t cover the full amount of damages, you may need to pursue other legal avenues to collect compensation.
It’s important to note that the legal process can be lengthy and complex. It’s also possible that the drunk driver may try to dispute liability or offer a low settlement amount. This is why it’s essential to work with an experienced attorney who can help you navigate the legal system and fight for your rights.
A qualified attorney can help you through the process of filing a lawsuit against a drunk driver and provide advice on the best way to proceed with your case. A good lawyer will be familiar with local laws and regulations related to drunk driving cases and will be able to guide you through the legal process.
If you’ve been in an accident caused by a drunk driver, it’s important to take action as soon as possible. The sooner you start pursuing a lawsuit, the better chance you have of collecting the compensation you deserve. Contact a personal injury attorney today to learn more about your legal options.
Contact the Law Offices of Eric A. Shore
The Law Offices of Eric A. Shore can handle a variety of activities on your behalf, including this one. We’ll ensure your lawsuit against a drunk driver will be appropriately documented and help you obtain fair compensation. Contact us online or give us a call at our Philadelphia or Cherry Hill law office at 1-800-CANT-WORK.
