The Unexpected Nightmare of a Drunk Driving Injury

No one leaves the house expecting to be involved in an auto accident. Unfortunately, this expectation is shattered for at least 7 million Americans every year. The only thing more disheartening than suffering injuries in these crashes is when they occur due to an impaired driver. So, what are the legal options for families of DUI/DWI accident victims? Fortunately, there are many. However, they rarely make up for the unexpected nightmare of suffering such an injury. In addition to the emotional toll that accompanies injuries caused by gross neglect, statistics show that these accidents are typically more severe. The reckless actions of an impaired driver will commonly lead to serious injuries and death. This is why it's so important to recognize the legal avenues available to you and your family.

Criminal Prosecution

When people think of their legal options after a drunk driving accident, their first thoughts often revolve around personal injury cases. This is certainly an important legal option, but we cannot overlook the criminal justice system. It's important to hold these people accountable for their actions, and a criminal case is often the first chance of doing so. In many cases, victims or their family members can offer victim impact statements to the court. This can help influence the consequences an individual will face — along with giving a voice to victims who are sometimes lost in the shuffle of the system. Additionally, courts may order that the defendant pay criminal restitution to the victim or their family. Such restitution is often overlooked as a source of compensation, but it's one of the most readily available options when criminal charges are pressed.

Crime Victim Funds

Many states have funds set up that offer crime victim reparations. These funds can cover the medical bills and other losses experienced by victims and their families. Fortunately, drunk driving injuries often fall under this umbrella. After all, it's illegal to drive while intoxicated — so if someone is harmed due to such an act, crime victim funds should assist. However, keep in mind that rules and limits can vary by jurisdiction. Such funds are not required under federal law, which means there typically is no standardization. You'll need to research the options in your jurisdiction and the requirements involved. Of course, such funds may not be necessary since personal injury compensation is often available.

Insurance Claims

It's great when the criminal justice system holds drunk drivers accountable for the harm they cause. However, this won't always solve everything. In some instances, restitution may not be ordered. In other cases, the defendant may simply not have the funds to pay such restitution. Either of these scenarios is unfortunate since your family is probably dealing with mounting medical bills. Luckily, you likely have the option of filing an insurance claim against the drunk driver's provider. Their liability coverage should cover losses related to you or your loved one's injury along with any property damage that occurred.

Unfortunately, not all drunk drivers have insurance — and when serious injuries or death occur, their coverage may simply not be enough to cover all your family's losses. In these cases, your own insurance provider may be helpful. If you have an uninsured or underinsured motorist policy, your coverage provider may pick up the bill. However, it's typically wise to let an attorney handle settlement negotiations on your behalf — whether with your loved one's insurer or the policy provider of the intoxicated driver.

File a Civil Lawsuit

Perhaps you were seriously injured in an accident. Maybe your loved one suffered severe injuries, or maybe they didn't survive the accident. Whatever the case, you are probably able to file a civil lawsuit. This is usually the necessary approach when a fair settlement cannot be reached with the at-fault driver's insurance company — which is another reason you should have an attorney handle this on your behalf. During a civil lawsuit, there are a variety of damages available. The court may award economic damages (e.g., medical bills, lost wages), non-economic damages (e.g., emotional distress, loss of companionship), and punitive damages (i.e., additional awards to punish the drunk driver). Punitive damages are exceptionally rare since egregious conduct must be proven, but drunken driving often meets this threshold.

Dram Shop Laws

Some legal options for families of DUI/DWI accident victims are frequently overlooked. Nowhere is this more common — especially for those without a legal advocate — than in dram shop laws. These laws establish that alcohol-serving establishments can face liability if they serve a clearly intoxicated individual. This means victims and their families could secure substantial damages from a party that wasn't even at the scene of the accident. The negligence of serving an already drunk individual is enough to establish liability, so even if the drunk driver has no insurance or can't pay compensation, financial recovery is still often available.

Which Legal Options Are Available to You?

Each of these legal options can help drunk driving victims and their families seek justice and compensation. However, not all of these options may be available in every scenario. The unique circumstances of your accident will have a significant impact on the legal options for families of DUI victims. This is why it's typically ideal to work with a legal professional. A personal injury attorney can review the circumstances of your case and help identify all options available to you. They can assist with overcoming legal hurdles and ensuring negligent impaired drivers are held accountable for their actions. More importantly, they can advocate on your behalf to reduce the risk of you being taken advantage of. At Gauthier & Maier Law Firm, P.C., our team of dedicated legal professionals is here to help. Contact us at 505-226-3205to schedule your confidential consultation.