Holding a Drunk Driver Accountable After a Crash
Drunk driving accidents can turn your life upside down, as they’re a common cause of debilitating injuries and health complications, not to mention the property damage of a high-speed collision. Filing a personal injury claim may be your next step if you want compensation from an intoxicated driver.
Unfortunately, holding a drunk driver accountable after a crash can be complicated without an experienced attorney. Different factors and all the circumstances that led to a road crash can alter your chances of winning. If you’re struggling to hold a drunk driver accountable, the lawyers at Spencer Calahan Injury Lawyers can help you take the next steps.
Negligence and Alcohol Intoxication
Personal injury cases are based on negligence. The at-fault party should compensate you because of an accident that could have been prevented by exercising the right amount of caution behind the wheel. When your case involves a drunk driving scenario, you may also be required to prove alcohol intoxication.
It’s rare to obtain proof of what happened by the other driver’s own admission. An accident attorney can ask for information about field sobriety tests performed at the scene of an accident, and they’ll make sure that all relevant information is included in a police report. That report can be a useful source of evidence for your claim.
What Happens if the Other Driver Refuses All Tests?
A drunk driver can refuse to submit themselves to breathalyzers or similar tests, but they’ll face legal consequences. Their refusal could also be used by officers and your lawyer as a sign of guilt.
If this is not enough to prove liability, car accident lawyers can use other evidence like statements from witnesses and footage from surveillance cameras. This evidence can show reckless driving, which is often a sign of intoxication.
DUI Charges and Your Case
It’s important to remember that you won’t get funds just because the at-fault party was found guilty in criminal court. Your personal injury claim is a civil matter that’s completely separate from a criminal case.
Even better, the evidence used in the criminal trial can benefit your own case. Personal injury claims require less evidence since you only need to prove they harmed you with their actions, not that they broke the law. Let your lawyer review the details of the criminal case and what you need to help you win your compensation.
Will Insurance Pay for a Drunk Driving Accident?
If you’re involved in an accident caused by a negligent driver, their insurance company can be held liable for damages. It’s common for adjusters to minimize your claim’s value, as they want to avoid a large payout. They may even refuse to settle with you to protect their interests.
Because of this, you should always let an attorney speak with them, so you can avoid lowball offers or making statements that will harm your claim.
Hold a Drunk Driver Accountable with a Car Accident Attorney
An accident that wasn’t your fault should never destroy your financial well-being and leave you unable to take care of yourself and your loved ones. You need to be compensated adequately if you want to take care of all your expenses and be awarded damages.
Spencer Calahan Injury Lawyers will help you get the funds you need for your recovery while stopping insurance companies from taking advantage of your difficult situation. You can connect with us today for your free case evaluation. All you need to do is give us a call at 225-387-2323 or fill out the online contact form below.