Drunk driving accidents are nothing short of an epidemic on our roadways. Well over a million people are arrested on U.S. roadways every year due to driving while under the influence, and nearly a third of all automobile-related fatalities involve alcohol or another controlled substance.
People who are the victims of drunk drivers deserve to be compensated for the suffering these accidents cause, which is far more catastrophic when the victim is a pedestrian. Learn about the severe consequences of drunk driving accidents involving pedestrians, and how a car accident lawyer can help you get your deserved compensation.
Responsibility for Drunk Driving Accidents
The key factor in determining fault for any automobile accident is proving fault. This requires demonstrating a legal concept of negligence. Negligence essentially means that someone was acting in a way that was so grossly irresponsible that it caused you to get hurt. Breaking it down, there are three essential factors that must be demonstrated to prove negligence.
First, you must demonstrate that the driver of the automobile was subject to a duty of care on the roads. This duty is to behave in such a way as to not put other people in the way of undue harm, and everyone on the roads is subject to it.
The second element is that the driver violated this responsibility. Driving drunk easily satisfies this requirement. The third element of negligence is that their violation of the duty of care directly led to the accident which was the proximate or direct cause of your injury.
Criminal vs. Civil
DUI accidents almost always involve criminal charges that carry hefty fines. These fines do not go to the victim and are entirely punitive. To collect damages you will need to file a civil suit, which is entirely unrelated to the criminal charges.
Damages in DUI Incidents
There are two major categories of damages that can be collected in a DUI accident (or any personal injury case). These are special damages and general damages.
Special damages refer to those damages which are easy to quantify. That is, you can easily put a dollar value on things like the wages you’ve lost, the wages you stand to lose while recovering, and the medical bills you’ve accrued and will continue to accrue.
General damages are a bit harder on which to place a value. These are things like your loss of ability to enjoy your life, the pain and suffering you experience, your lost relationships and lost consortium, emotional damages and even punitive damages that can come into play to penalize drunk drivers.
Why a Car Accident Lawyer Is Important
You might be amazed at the lengths insurance companies will travel to avoid paying an injury claim. Getting the most compensation out of your injury requires the best dedicated legal help you can find from an experienced car accident lawyer. The attorneys at Disparti Law Group are here for that purpose, with decades of combined experience in fighting these battles. If you’ve been hit by a drunk driver and suffered major injuries, call our offices for a free consultation at no obligation on your case today!