If you have been injured in a car accident caused by a drunk driver, you may be wondering what your next steps should be. A DUI car accident can result in serious injuries, so you must understand your legal options. In most cases, you can file a personal injury lawsuit against the driver. However, you should know a few things before taking legal action.
1. Who Can Be Held Liable for a DUI Car Accident?
A few different parties could potentially be held liable for a DUI car accident. The drunk driver, of course, will typically be held liable for any damages resulting from the accident. However, there may also be other parties who could be held responsible. For example, if the drunk driver was served alcohol at a bar or restaurant, that establishment may be held liable under what is known as dram shop laws. Additionally, if the car accident occurred due to a defective car part, the manufacturer of that part could also be held liable.
2. What Damages Can Be Recovered in a DUI Car Accident Lawsuit?
If you have been injured in a DUI car accident, you may be entitled to recover various damages. This can include both economic and non-economic damages.
Here is an example: Economic damages have a specific monetary value, such as medical bills or lost wages. Non-economic damages, such as pain and suffering or emotional distress, are more subjective. In some cases, punitive damages may also be available. These are designed to punish the liable party and deter future bad behavior.
3. Will My Insurance Cover a DUI Car Accident?
This will depend on your specific insurance policy. However, in many cases, your insurance will not cover damages caused by a drunk driver. This is because most insurance policies have exclusions for accidents caused by intoxicated drivers. If you have been injured in a DUI car accident, you may need to pursue other options, such as a personal injury lawsuit, to recover the compensation you deserve.
4. How Can an Attorney Help Me with My DUI Car Accident Case?
According to bbjlawyers.com, if you have been injured in a DUI car accident, you must speak with an experienced attorney. An attorney can help you understand your legal rights and options. They can also help you gather evidence and build a strong case. Additionally, an attorney can negotiate with the insurance companies on your behalf and fight for the full amount of compensation you deserve.
5. What Is the Statute of Limitations for a DUI Car Accident Lawsuit?
The statute of limitations is the deadline for filing a lawsuit. In most states, the statute of limitations for personal injury lawsuits is two years from the date of the accident. This means that you will need to file your lawsuit within two years of the date of the accident, or you will be barred from doing so. Keeping this deadline in mind is important, as it can take time to gather evidence and build a strong case.
As anyone who has been involved in a DUI car accident knows, the experience can be life-changing. Not only do you have to deal with the physical and emotional aftermath of the crash, but you also have to contend with the legal consequences. It is important to remember that every situation is different, and you should always consult with an attorney to get specific advice based on the facts of your case.