Being in an accident is already a traumatic experience, especially for those who are seriously injured. If the driver is also under the influence, the legal process can become even more nuanced than it already is. If you’re considering suing a drunk driver, there are a few things you need to know. Let’s break them down.
Immediate Steps to Take After the Accident
As a person involved in a drunk driver accident, no one knows more about it than you. However, it may be impossible to take the necessary steps to document the crash or call for help if you are seriously injured.
That’s why you should hire our drunk driving accident attorneys. We will gather evidence when you’re not able to and continue to work towards getting you the recovery time and compensation you deserve. But if you can complete some of these steps below on your own, you definitely should. This kind of evidence could go a long way when suing a drunk driver.
1. Call 911
After an accident, call 911 as soon as possible. If you can move yourself to a safer area or outside of the car, do that first and then make the call.
2. Document the Scene
After you call 911, if you are physically able to document anything about the scene, you should take as many photos or videos as possible. These will strengthen your case and help your lawyers get a better look at the accident.
Here is what you should document:
- Take photos: You should take photos of any damage to the vehicles and their positions in the roadway.
- Get witnesses: Make sure to get contact information from bystanders who may have seen the accident or helped you at the scene.
3. Point Out Signs of Intoxication to the Police
When the police arrive, be sure to tell them about the common signs of drunk driving, like whether the other driver was swerving or changing their speed abruptly before the crash. If you notice the smell of alcohol, red/watery/glassy eyes, or poor balance from the other driver, don’t be afraid to point it out to the officer.
Believe it or not, police officers miss these things sometimes! You’ll want to make sure that they have all the evidence they can get, as this is imperative to your personal injury case and drunk driver lawsuit.
4. Contact a Personal Injury Lawyer
After a day or two, you should contact a drunk driving accident lawyer to help you begin your case. This is a crucial step in the process so that you have expert guidance when dealing with insurance companies, and guaranteeing you get the compensation you deserve.
As personal injury lawyers, we can:
- Speak to witnesses: We can speak to whoever was at the scene, like police, medical, and anyone else who saw the accident happen.
- Obtain dash/body cam footage: We will receive this footage and review the details of the accident.
- Monitor criminal charges: Under GA open record rules, only the initial police report has to be released while criminal charges are pending. So, when we are able to, we will monitor the criminal charges against the defendant and get copies of their criminal file.
You May Be a Witness In a Drunk Driver Lawsuit
If the other driver is charged with a DUI, you’ll likely be a key witness for the prosecution. That means you might be interviewed by an investigator or asked to testify in court.
Keep in mind: anything you say, whether in an interview or on the witness stand, can be reviewed by the defense attorneys in your personal injury case. So you must always tell the truth.
Even small differences in your testimony can be used to challenge your credibility. When you speak about the crash, choose your words carefully, because in a way, you’re also speaking on behalf of your own case.
The DUI Case Will Affect Your Statute of Limitations
Criminal vs. Civil Cases
When suing a drunk driver in most states, a DUI offense is a criminal matter handled by the state, with some states only viewing it as a traffic violation.
But, as a victim, you have the right to pursue a civil case to seek compensation for damages. Suing a drunk driver allows you to recover costs related to medical bills, lost wages, and pain and suffering.
Statute of Limitations
Typically, you have two years from the date of the accident to file a personal injury lawsuit in Georgia, Florida, or Alabama. However, in Georgia, if the at-fault driver is charged with a traffic offense, such as DUI, this period may be “tolled” or delayed until the criminal case concludes.
Your statute of limitations may be tolled for an especially long time if you are injured by a drunk driver. For example, if the at-fault driver is tried and convicted exactly one year after the crash, you will have up to three years after the crash to file a lawsuit.
If it has been more than two years since you were injured by a drunk driver in Georgia, and you have not filed a lawsuit yet, do not give up! DUI charges are more complicated than speeding tickets. There is usually a more strenuous investigation with more witnesses, and there is a greater chance of suing a drunk driver and taking the case to a jury trial.
Your Case Could Be Worth Much More When Suing a Drunk Driver
Insurance companies settle most cases before trial, but sometimes they take their chances and have a civil trial.
Normally, a jury determines the value of the case by awarding the cost of your medical bills plus money for pain and suffering. However, if you are injured by a drunk driver, you may be able to obtain punitive damages.
Punitive Damages
Punitive damages are meant to punish the at-fault driver, while other types of damages are meant to compensate you for your injuries.
In Georgia, there is no limit to the amount of punitive damages you can recover from a drunk driver, but this may vary depending on the state you are in. In Florida, many DUI cases do not have a cap on punitive damages, but in Alabama, there is a limit of $1.5 million or three times the value of your compensatory damages, whichever is greater.
This is why insurance companies evaluate cases as being more valuable when the at-fault driver is drunk. Drunk drivers are more likely to appear combative, irresponsible, and unlikable during the crash investigation, and in addition to hurting someone, the at-fault driver may look like an unapologetic fool on the responding officer’s video of the investigation.
Although jury awards are supposed to be guided by legal principles, juries typically award large verdicts when they feel sympathy for the injured person and when they are angered by the actions of the defendant. And drunk driving is certainly something that will anger many jurors.
Rafi Law Firm Makes Suing a Drunk Driver Look Easy
The fact of the matter is this: insurance companies know that drunk driver lawsuits are more lucrative when the at-fault driver is under the influence. Because of this, getting compensation for someone who is seriously injured by a drunk driver is of the utmost importance.
At Rafi Law Firm, we are the drunk driving accident attorneys who care deeply about fighting for you inside the courtroom. Being injured by a drunk driver is a traumatic experience that should be handled by lawyers who have your best interests in mind 100% of the time.
If you are ever injured by a drunk driver, call Rafi Law Firm as soon as possible so we can start taking care of you.
