Driving a vehicle can be an extremely convenient thing to do, especially when you consider how expensive commuting can be and how dangerous traffic can be for walking. Unfortunately, car crashes can happen to anyone, and it can be extremely dangerous and risky for all parties involved in the proces. This is especially hassling if you’re dealing with a car crash with a drunk driver.
According to the Centers for Disease Control and Prevention, approximately 90 people die everyday in the United States because of vehicle crashes, and a third of these crash fatalities involve drunk driving. That makes approximately 32,000 people becoming fatalities in the U.S. due to these crashes every year, and 2-million more being injured because of these accidents. If you get yourself involved in a car crash, you have a lot of things put at risk and learning a drunk driver was involved in the accident can put you in a stressful situation. Dealing with this, however, isn’t impossible. Here are a few tips:
- Remember that you generally have two choices, none of which are always the best in every circumstance. While factors included in every car accident aren’t the same, the options you have when it comes to dealing with a drunk driver remain the same: you either go for a settlement, or take the case to court. Both of these options will further be discussed below, but do remember that it’s not all the time that a settlement or a lawsuit will work in your favor. Everything still depends on the factors included in your particular accident.
- Consider insurance claims, even in these alcohol-related situations. If you’re unsure whether or not you want to file a case against the drunk driver, perhaps consider waiting for their insurance provider to communicate with you. Remember that in the United States, most if not all states require drivers to carry a certain amount of insurance for their vehicles. As such, if you file a claim against the car insurance provider of the drunk driver, you may actually get a sizable amount of settlement. This can work if you express your intention to seek compensation for your losses and injuries that were a product of the incident.
- Was the drunk driver convicted of driving under the influence? Try to check if the driver in question was in fact convicted with a driving under the influence charge. This is because while insurance companies will most likely try to resist giving a sizable settlement on victims of their drunk driving clients, taking the case to court knowing that their client will be likely declared guilty of driving under the influence can put them at a disadvantage. This is because you, the plaintiff, may gain the sentiments of the judge and/or the jury if it’s been found out that the drunk driver has in fact been negligent of his responsibilities on the road.
- Be wary of “no fault” state laws as well as there are a couple of states that follow what is called a “no fault” policy when it comes to accidents. In these states, both parties will have to turn to their own personal injury protection cover in order to get their various bills provided for. This means while the drunk driver may in fact be at fault, the “no fault” policy will not consider it as such. However, this has a particular limitation which is dependent on the severity of the injuries the other party has suffered.
Conclusion
When it comes to dealing with a car crash with a drunk driver, a lot of legal factors will be in play. The important thing here is to make sure you approach the situation with a cool head and assess the circumstances based on the factors above. It’s also helpful if you get a lawyer to help you when it comes to dealing with the legal specifics of the incident as their knowledge may be of great benefit for your needs. Click here to learn more about how this can work.
