A DUI accident is one of the worst types of crashes a person can go through. Not only do they suffer the physical consequences of such a serious crash, but they also have to deal with the mental anguish of realizing that someone else’s carelessness has caused their problems.
When the immediate shock of the accident wears off, many victims are left with a multitude of questions as to what comes next. After being injured in a DUI-related crash, you should understand that the legal system is very complex, but it was designed to protect people like you.
Each part of the legal process — including insurance claims and lawsuits — are intended to assist in obtaining compensation for your injuries and losses. Therefore, understanding the process will allow you to feel more in charge of the process.
The Investigation Process
Following a DUI accident, an official investigation is started immediately. Police will investigate the accident site and gather evidence — including the results of field sobriety test, breathalyzer readings, and witness accounts.
Evidence collected by law enforcement, along with evidence collected independently by the victim or their attorney, like photos of the accident scene, medical records, etc., provide the basis for establishing that the other driver was under the influence of alcohol.
Attorneys representing the victims of DUI-related accidents will utilize evidence collected to negotiate a better settlement or prepare the case for a jury trial if the insurance company is unwilling to make a fair payment.
Filing an Insurance Claim & Taking Legal Action
For the majority of victims, the first steps involve submitting an insurance claim with the insurance carrier of the at-fault driver. However, because alcohol is involved, insurance carriers frequently attempt to limit payments or delay the claims process.
DUI accident insurance companies can dispute the extent of your injury, dispute that the driver was negligent, or try to get you to settle for less money than you are entitled to.
Documents of Your Medical Treatment and Recovery
Documenting your medical treatment is a critical step in your case. For every visit to the doctor, lab test, rehab appointment, etc., make sure there is a record detailing the treatment and costs involved.
Seeking treatment as soon as possible after a crash is key to establishing the legality of your claim. Track every detail regarding your treatment, including prescriptions, travel costs, and how your injuries impact your daily activities.
This helps illustrate the extent of your financial loss, the emotional and physical difficulties you’ve experienced, which can also affect the final amount of your settlement.
Possible Outcomes
Claims involving DUI-related accidents can be resolved in either a settlement or a trial. Many people settle their cases out of court, especially when it appears the other party was drinking and driving.
Settlements are typically faster and less stressful than going to trial. However, if you cannot come to an agreement, your DUI attorney will take the case to trial to obtain maximum compensation.
Key Takeaways
- Car accidents that occur due to intoxication involve both criminal and civil aspects of the
- Documenting your case, including records like police reports and medical records can provide evidence to support your case.
- Often, insurance companies attempt to reduce or eliminate payments for DUI-related claims and having a knowledgeable DUI attorney representing your interests is essential.
- Documenting your medical treatment as well as how the injuries from the incident have impacted your daily life, can assist in establishing the amount of money your claim is worth.
- Damages may be available for medical bills, loss of income, emotional distress, and possibly punitive damages.
