Were you or someone you love a victim of a drunk driving accident? If so, then you deserve justice and fair compensation for your losses. Call Mama Justice immediately to see how we can help.
According to the Mississippi Department of Transportation, more than 10,000 people die on Mississippi roads every year. In 2016, this equaled 18% of all traffic deaths within the state. Even more people suffered non-fatal injuries due to accidents involving an impaired driver.
Accidents involving impaired drivers aren’t always caused by alcohol. While drunk driving accidents are among the most common, drivers under the influence of illegal drugs or even prescribed medications can find their driving ability impaired. Some of the more harmful effects of drugs and alcohol while driving are:
- Dulled reflexes
- Poor judgment
- Engaging in risky behavior
- Increased chance of falling asleep while driving
Drunk and Impaired Driving Statistics
According to the United States Department of Transportation, 32 people die in drunk driving crashes every day. This number increased 14% between 2019 and 2020.
Alcohol reduces brain function and impairs thinking, reasoning, and muscle coordination. This makes it impossible to safely operate a motor vehicle. As alcohol levels rise in a person’s system, the effects on the central nervous system increase. Alcohol levels are measured by the weight of alcohol in the blood. This is called Blood Alcohol Concentration (BAC). It is illegal to drive in the United States once the BAC reaches .08 grams of alcohol per deciliter of blood, but even a small amount of alcohol can affect driving ability. In 2020, more than 2000 people were killed in alcohol-related crashes where a driver had a BAC of .01 to .07. This means that even if someone has consumed very little alcohol, it is not safe to get behind the wheel of a car.
30% of fatal traffic accidents involve drunk driving. But alcohol isn’t the only substance that impairs your ability to drive. Here are a few examples:
- Similar to alcohol, marijuana and other drugs slow coordination, judgment, and reaction times.
- Cocaine and methamphetamine can cause aggressive and reckless behavior.
- Some prescription and over-the-counter medications can cause extreme drowsiness, dizziness, and other impairing side effects.
- The use of two or more substances, including alcohol, can amplify the negative effects and make driving that much more dangerous.
56% of accidents resulting in serious injuries or fatalities involved drivers who tested positive for at least one drug. Driving while under the influence of drugs, whether they are prescription or illicit, is illegal in all 50 states. For this reason, it is imperative to know your rights and how to protect them if you are ever involved in an accident caused by an impaired driver.
Common Damages After a Drunk Driving Accident
While not always fatal, drunk driving accidents can have a significant impact on the lives of those injured and their families. The most common damages following a drunk driving accident are:
- Physical injuries. This can include broken bones, internal injuries, damage to the spinal cord or brain, and many others. These injuries can be severe and may need lasting and extensive medical treatment, including hospitalization, surgeries, physical therapy, and ongoing care.
- Emotional trauma. Victims of drunk driving accidents can experience a range of emotional trauma, including post-traumatic stress disorder, anxiety, and depression.
- Financial loss. Financial losses come in many forms. On top of the loss of property, an injured person may find themselves under a mound of medical bills. They may have lost wages due to an inability to work during treatment. They may also need ongoing care, which can be incredibly expensive and financially devastating for those involved.
- Fatalities. Drunk driving accidents do unfortunately result in many deaths every year. Families that have lost a loved one due to the actions of a drunk driver may be able to file a wrongful death claim to seek compensation for the loss.
Who is Liable in a Drunk Driving Accident?
It may seem obvious that the drunk driver would be the liable party, but in some instances, other parties can be held responsible, as well. These can include:
- Bars, restaurants, and liquor stores. If a business or establishment served a minor or overserved an already drunk individual, they may be held liable for the accident.
- Host of a party. Similar to what can happen to businesses, if someone serves alcohol to a minor within a social setting, they may be held liable for damages caused by a drunk driver.
- Vehicle/parts manufacturers. There are instances where a drunk driving accident occurs due to a vehicle malfunction. Manufacturers may be held partially liable if something goes wrong with the vehicle during an accident.
Statute of Limitations in Mississippi
Drunk driving accidents fall under personal injury claims, and in the state of Mississippi, claims must be filed within three years of the date of the accident. If you try to file after the three year mark, you will likely be unable to receive any compensation for your losses. Your best chance is to contact one of our drunk driving accident attorneys as soon as possible so that we can help you receive the compensation you deserve.
There are sometimes exceptions to the three year statute of limitations, so its best to contact an attorney as soon as possible after the incident occurs.
How Can an Oxford Drunk Driving Accident Lawyer Help you?
Accidents involving a drunk driver aren’t always as clear-cut as other car accidents. Following a drunk driving accident, insurance companies will work to give you as little compensation as possible. Mama Justice doesn’t think this is fair to the victims who may have lost much more than what an insurance company is willing to give. We at MW Law Firm can help you navigate the process of filing your claim to ensure that you receive a fair settlement. Here are just a few of the ways we work on your behalf:
- Gathering evidence. Even if all you plan to do is file a claim with an insurance company, you’ll need to have proof of your physical injuries, financial losses, and any other harm you may have experienced following a drunk driving accident. We can help you gather this evidence through photographs of the scene, preserving any documents (such as police reports and medical bills), and speaking with any eyewitnesses of the accident.
- Recording injuries. Mississippi law allows those injured to receive compensation for different kinds of losses. To do this, you will need thorough medical records, bills and other documentation showing loss. Our lawyers can help you make sure all damages are accounted for and calculated.
- Dealing with insurance companies. Most drunk driving accident claims are resolved through insurance companies before they ever go to court. But as mentioned above, these companies don’t want to pay any more than the minimum, even if it means you are left with emotional or financial hardship after the payout. Our drunk driving accident lawyers know how to negotiate with insurance companies to make sure you’ll receive fair payment for your losses.
- Taking your case to court. If a fair settlement cannot be reached, it may be necessary to file a lawsuit. This can be a daunting process if you don’t have an experienced drunk driving accident attorney on your side. Rest assured, Mama Justice knows what she’s doing and will be with you every step of the way so that you receive all the compensation you deserve.
Damages and Compensation
If you or a loved one were injured in a drunk driving accident, you may be entitled to significant compensation. This can include:
- Lost wages: If you were forced to miss work due to the accident and healing process, you may be able to recover damages for the wages you lost.
- Reduced earning potential: In some cases, injuries due to a car accident might mean you are unable to work at the same level as before your accident. This can affect your ability to grow within your career and advance your salary.
- Medical bills: Medical bills will pile up due to hospital visits, medications, surgeries, physical therapy, and ongoing care. Even if you have health insurance, these expenses add up quickly. You shouldn’t have to pay out of pocket for injuries sustained due to someone else’s carelessness. We can help make sure you are taken care of financially so that you can focus on healing.
- Pain and Suffering: In some cases, you might be able to receive compensation for your pain and suffering, both physical and emotional. This can be more difficult to prove, so it’s important to contact one of our attorneys to learn about your options.
- Personal property damage: More than likely, if you were involved in a drunk driving accident, you sustained damage to some personal property. Car insurance may cover the loss of a vehicle, but they may not give you enough to fully repair or replace the vehicle you lost.
- Punitive damages: Drunk driving is illegal. In some cases, you might be awarded punitive damages. If you were seriously injured or lost a family member due to the illegal actions of another, it is possible that you will receive damages meant to punish the responsible parties for their illegal behavior. This can be difficult to pursue, so having Mama Justice there to represent your case gives you the best chance at receiving the maximum possible compensation.
What Should I Do After a Drunk Driving Accident?
If you’ve been involved in an accident caused by a drunk driver, it can be difficult to stay calm and know what to do. Here is a list to help you in case of an emergency:
- First, call emergency services. This will bring police and medical professionals to the scene. Your safety and well being is your top priority, so you should always seek emergency services immediately.
- Document the scene. In the age of the smartphone, it’s easy to take pictures and videos of the scene of the accident, including your injuries and any damage done to your vehicle. If your injuries leave you unable to document the scene yourself, see if another passenger or witness to the accident can do so.
- Gather the name and insurance information of the other driver, as well as the names and contact information of any eyewitnesses to the accident. This will all be important as you file your insurance claim and even more important if the case goes to court.
- Make sure you seek medical care. Even if you don’t believe you have any serious injuries, adrenaline often masks pain, and you may have injuries you don’t realize. It’s important to get checked by a doctor and keep any records of injuries to give to insurance companies and to use as evidence in a court case.
- Don’t speak to any insurance companies before you speak with a lawyer. It can be easy to accidentally agree to a settlement that may not be in your best interest. You will want to know what compensation you are entitled to before accepting an insurance company’s offer.
- Call MW Law Firm – Mama Justice and speak to one of our drunk driving accident attorneys. We can handle your claims process and ensure the best possible outcome for you.
Contact an Experienced Drunk Driving Attorney
Drunk driving accidents affect thousands of people every year, often having catastrophic and deadly consequences. We believe everyone has the right to travel our roads safely, and we will continue to fight to protect this right when it is threatened.
If you or a member of your family were involved in a drunk driving accident in Oxford, Mississippi or anywhere in the state, Mama Justice is here to represent you in the legal process. Our attorneys are skilled and dedicated to helping you receive the settlement you deserve and ensuring your rights are protected.
Give us a call today for a free initial consultation. We will go over your case and determine the best course of action to help you seek justice and get your life back on track.