Drunk driving is a serious issue in the Montgomery area. These accidents are not typical; they result from a conscious, reckless choice to drive while impaired, often leading to devastating injuries and tragic loss. When you are forced to deal with medical bills, lost income, and the emotional distress that follows, our Montgomery drunk driving car accident lawyers will protect your rights and fight for the compensation you deserve.
The consequences of a DUI accident can change your life forever. Victims frequently suffer from severe injuries that require extensive medical care, rehabilitation, and sometimes lifelong support.
At Hunter | Everage, our focus is on holding the negligent party responsible for their reckless actions. We move quickly to investigate every detail of your case, collecting critical evidence such as police reports, BAC test results, and witness testimony. We will establish the driver’s intoxication and prove that their negligence directly caused your injuries.
The Serious Impact of DUI Accidents
Accidents caused by drunk drivers are fundamentally different from regular car wrecks. A person who drives under the influence of alcohol or drugs chooses to ignore the safety of everyone else on the road. This negligent and reckless behavior often results in more severe, dangerous collisions.
DUI accidents frequently lead to very serious, life-changing injuries. These injuries often include damage to the brain or spinal cord, which can require care for the rest of a person’s life. Victims also suffer painful broken bones, internal injuries, and, in the worst cases, wrongful death. The force and speed involved in these crashes, often due to impaired reaction time, make the harm much greater.
Beyond the physical injuries, the consequences are financial and emotional. Victims face huge medical expenses for emergency treatment, surgeries, and long-term rehabilitation. They also lose wages because they cannot work. On top of this, there is the emotional trauma and pain that comes from being hurt by someone else’s irresponsible actions. These accidents do not just damage cars; they seriously damage lives.
What to Do if You’re in an Accident With a Drunk Driver in Alabama
If you’re involved in an accident with a drunk driver in the Montgomery area, these are the steps you need to follow.
Ensure safety and seek medical attention.
Firstly, check for injuries. If anyone is hurt, call 911 immediately. Even if injuries seem minor, it’s essential to receive medical attention, as some symptoms may appear or worsen later.
Call the police
Report the accident to the police. An official police report will be crucial for your insurance claim and any legal action you may pursue. Be sure to mention if you suspect the other driver is intoxicated.
Gather evidence
While you’re waiting for the police or emergency services to arrive, survey the scene to the best of your ability. If you can, take photos of the area, the vehicles involved, and any visible injuries.
Recount the event
When speaking to the police or the other driver, stick to the facts. Avoid admitting fault or making statements that could be taken as an admission of fault.
Seek legal advice
Contact a drunk driving accident lawyer as soon as possible. An experienced attorney can guide you through the legal process, make you aware of your rights, and provide you with advice on the best course of action.
Remember: Alabama law limits how long you have to take legal action.
In Alabama, the statute of limitations for personal injury claims (including those sustained in a drunk driving accident) is generally two years. This means you have a limit on the time you have to file a lawsuit. Failing to take legal action within the appropriate time frame could result in losing your right to pursue compensation. As such, it’s important to reach out to a DUI accident lawyer as soon as possible.
What Evidence Is Needed to Prove My DUI Claim?
To win a civil claim against a drunk driver in Montgomery, your case must prove two main points:
- That the other driver was impaired by alcohol or drugs, and
- This impairment caused the accident and your resulting injuries.
The evidence used to establish these facts comes from several sources, often beginning with the crash scene.
Evidence Collected by Law Enforcement
The most powerful evidence is usually collected by law enforcement. This includes the official police accident report, which details the responding officer’s observations of the at-fault driver. The report may note signs of intoxication, such as slurred speech, the smell of alcohol, or unsteadiness. It will also contain the results of any chemical tests, such as a Blood Alcohol Content (BAC) test or toxicology screening.
These scientific results provide a clear measure of the driver’s impairment and are essential for proving negligence. If the driver was convicted in a separate criminal DUI case, that conviction is very strong evidence in your civil claim.
Eyewitness Statements
Eyewitness statements from passengers or bystanders can confirm reckless driving behavior before the crash or provide additional details about the at-fault driver’s appearance and actions at the scene. Photos and video footage are also vital. This includes pictures of the vehicle damage, your visible injuries, and physical evidence at the crash site, such as skid marks or open alcohol containers. Surveillance video from traffic cameras or nearby businesses can sometimes capture the accident itself.
Showing the Extent of Your Losses
Finally, you must show the extent of your losses. Your medical records are key evidence here. They document the nature and severity of your injuries, the treatment you received, and the costs involved. This includes hospital records, doctors’ reports, therapy notes, and all related bills.
Documentation of lost income, such as pay stubs, is also required to prove the financial harm you suffered because you could not work after the accident. All this evidence works together to establish the driver’s fault and the full value of the compensation you deserve.
How a Drunk Driving Accident Lawyer in Montgomery, AL, Can Help
A drunk driving accident attorney in Montgomery, AL, can provide numerous benefits:
- Legal Expertise: They understand the intricacies of Alabama’s DUI laws and personal injury statutes.
- Investigation: Lawyers can quickly gather all necessary proof, including police reports, blood alcohol content (BAC) test results, toxicology reports, and witness statements. They also work with accident reconstruction experts when needed.
- Determining Liability: We clearly establish that the other driver was intoxicated and that their intoxication was the direct cause of your injuries.
- Negotiation: They can negotiate with insurance companies to ensure you receive fair compensation. Insurers often try to minimize payouts, but a lawyer will fight for your rights.
- Representation in Court: If your case goes to trial, having a DUI accident lawyer ensures you have professional representation.
- Peace of Mind: Dealing with the aftermath of an accident can be overwhelming. A lawyer can handle the legal aspects so you can focus on recovery.
What Kind of Settlement Could You Expect if Injured by a Drunk Driver in Alabama?
The settlement you could receive depends on various factors, including the severity of your injuries, the extent of any property damage, and the impact on your life. Generally, settlements in drunk driving cases may cover:
- Medical Expenses: Current and future medical costs related to the accident.
- Lost Wages: Compensation for lost income due to time off work, as well as potential future earnings if your ability to work is affected.
- Pain and Suffering: Damages for the physical pain and emotional distress caused by the accident.
- Punitive Damages: In drunk driving cases, the court may award punitive damages. These are meant to punish the at-fault driver for their extreme disregard for safety and discourage similar behavior from others.
Contact a Drunk Driving Accident Lawyer
Drunk driving accidents can have life-altering consequences, but you don’t have to face the aftermath of an accident alone. An experienced drunk driving accident lawyer in Montgomery, AL, can provide you with the guidance and support you need to secure the compensation you deserve. Don’t wait when it comes to seeking legal assistance; your future well-being may very well depend on the actions you take today.
If a drunk driver has injured you or a loved one, reach out to Hunter | Everage at 704-377-9157 for a free consultation. Our team is here to help you make sense of this challenging time and fight for the justice you deserve.
FAQs
+ What if the drunk driver is arrested? Does that affect my civil case?
No. The drunk driver’s criminal case, which is handled by the state, is entirely separate from your civil personal injury claim. You can pursue compensation for your injuries and losses through a civil lawsuit regardless of the outcome of the criminal charges.
+ Will I have to go to trial?
Most personal injury cases, including those involving drunk drivers, settle outside of court. However, we prepare every case as if it will go to trial. This preparation strengthens our position in negotiations with the insurance company and helps us work toward a fair settlement for you.
+ Does the drunk driver’s criminal conviction automatically mean I win my civil case?
No, the criminal conviction does not automatically guarantee a victory in the civil case, but it is powerful evidence. The fact that the driver was driving under the influence strongly helps establish their negligence and reckless conduct in your civil claim.
+ What if the insurance company offers me a settlement right away?
Insurance companies may offer a quick, low settlement, hoping you will accept it before you know the full extent of your injuries and legal rights. You should never accept a settlement offer or sign any release without first speaking with an experienced personal injury lawyer.
+ Can I still recover compensation if I was a passenger in the drunk driver’s car?
Yes. As a passenger, you typically have the right to seek compensation because you did not choose to drive drunk. However, insurance companies may try to argue that you willingly got into the car knowing the driver was impaired. An experienced attorney can defend your right to compensation in this situation.
+ What if the drunk driver did not have car insurance or was underinsured?
If the at-fault driver has no insurance or not enough insurance to cover your full losses, you may still have options. We can help you explore claiming your own Uninsured/Underinsured Motorist (UM/UIM) policy, if you have one.
+ Do You Need a Drunk Driving Accident Lawyer?
When involved in a drunk driving accident, having an experienced attorney by your side is essential. Drunk driving accident attorneys in Montgomery, AL, routinely handle the complexities of these cases. They’re skilled at navigating the legal system, negotiating with insurance companies, and ensuring clients receive the compensation they deserve.
