Being involved in a car accident can be traumatic enough, but when the other driver is under the influence of alcohol, the situation becomes even more difficult. If you or a loved one has been injured by a drunk driver, you may be entitled to compensation. However, making a claim after a drunk driving crash comes with its own unique challenges.
Gathering Evidence
One of the first hurdles is gathering evidence that the other driver was indeed drunk. Unlike many car accidents where fault may be disputed, drunk driving cases hinge on being able to prove intoxication. The police report from the crash scene will be crucial, as any sobriety test results and blood alcohol content readings will be documented there. However, the police report may not contain all the evidence needed, as factors like open containers or statements from witnesses at the scene also come into play. We can help obtain dashcam footage, surveillance video, and other evidence to build a compelling case.
Proving Serious Injury
In addition to proving the other driver’s negligence in driving drunk, your attorney will also need to demonstrate the extent of your injuries and losses. Drunk driving accidents tend to be high impact, which can result in long-term disabilities, permanent disfigurement, and traumatic brain injuries. Medical records will document physical injuries, while psychologists can assess emotional trauma. Actuarial experts can calculate lifetime costs for medical treatment and lost income. Presenting a complete picture of current and future suffering can result in higher compensation.
Overcoming Defense Arguments
The at-fault driver’s insurance company will work hard to avoid paying out a large settlement. Common arguments include downplaying the driver’s intoxication level and shifting blame to you by claiming you were also negligent in some way. We will anticipate these tactics and develop counterarguments supported by the evidence. Strong legal representation is essential when the other side employs aggressive defense strategies.
Navigating Complex Laws
Drunk driving claims involve complex legal frameworks that overlap motor vehicle laws with criminal DUIs. The at-fault driver may face criminal prosecution in addition to civil liability. Your attorney needs to understand how these systems interact to build the strongest injury claim while the prosecution moves forward. There are also specific laws pertaining to drunk driving liability and auto insurance requirements.
Choosing Trial vs. Settlement
Most injury claims settle out of court through negotiations between attorneys. However, drunk driving cases may need to go to trial if the defense refuses to offer fair compensation. Your lawyer will advise on the pros and cons of settlement versus trial. Key factors are the strength of evidence, potential settlement amounts, and time required for resolution. Testifying in court about the crash can also increase emotional stress.
Dealing with Insurance Companies
The at-fault driver’s insurance company will be reluctant to pay out the often-substantial damages owed after a drunk driving accident. Insurance adjusters may try to lowball offers or deny claims outright. Having legal representation levels the playing field when dealing with insurers. Your attorney has experience maximizing settlements from insurance companies through proven negotiation techniques.
Work with Us
Drunk driving claims can be challenging, so it is best to work with an experienced team like us. We can help you put together a strong case and win the maximum amount of compensation you deserve.
Visit our offices at:
- 2005 West Main St. Tupelo, MS 38801
- 406 Galleria Dr., Suite 7 Oxford, MS 38655
- 1671 Lelia Dr., Suite B, Jackson, MS 39216
- 5100 Poplar Ave., Suite 2700 Memphis, TN 38137
Call us today for a free consultation, on (888) 484-1476.
