Being involved in a car accident can be traumatic for anyone. When a driver is drunk, his negligence puts everyone at risk. Alcohol acts as a depressant and slows the body down, affecting depth perception, vision, reaction time, and general vehicle control of the driver. Collisions with pedestrians at intersections and on curbs are more common, as are accidents with multiple vehicles on highways, rear-end collisions, and speed-related accidents.
The National Highway Traffic Safety Administration (NHTSA) estimates that two out of three people will be involved in a drunken traffic accident at some point. Because drunk driving is so dangerous and common, it is important to understand what happens in the event of a drunk driver accident and what types of compensation are available.
What is the average settlement amount for an accident involving a drunk driver?
Because of the number of variables that come into play, it is not always easy to determine the settlement amount in a drunk driving case. It is important to think about the burden of proof, the different parties that may be held responsible, the specific circumstances of each situation, the different laws whether or not an attorney is involved, and other components. Every drunk driving case will be different.
Possible compensation in cases of drunk driving
If someone is involved in a drunk car accident, they may be eligible for different types of compensation. They fall into one of two categories: economic and non-economic damage. The distinction is important because of the burden of proof involved. In most cases, the amount of the billing is determined by policy limits. For this reason, it is helpful to have an attorney who knows what to look for in order to get the best compensation outcome. Economic compensation is usually easy to determine and involves paying for the following:
All medical bills, such as B. a hospital visit or physical therapy.
Loss of wages due to lost work due to the car accident.
Any permanent injuries resulting from the accident.
Loss of future income from permanent injuries.
The loss of a loved one due to the accident, including funeral and funeral expenses.
Property damage to the vehicle.
On the other hand, non-economic damage is more difficult to calculate because its monetary value is not that simple. These claims are often highly controversial and negotiated during the settlement process. They include compensation for the following:
Present or future pain and suffering from the experience.
Any advice or psychological treatment due to the accident.
Damage to the reputation of the faultless driver.
Loss of ability to socialize or fear of driving.
In the most severe cases, punitive damages can be granted. This is compensation that is also intended to penalize the driver who caused the accident because drunk driving is habitual or excessively outrageous behavior.
Where does the compensation come from?
Sometimes it is not easy to get adequate compensation. Where does the money come from and what if the drunk driver is uninsured, underinsured or leaves the scene? The injured party must still be adequately compensated for the accident. Depending on the situation, numerous people can be held responsible for the accident or for caring for the injured. Hence, there are many ways to get compensation.
Drunk driver insurance is the first port of call. The victim’s insurance company sometimes picks up the difference in certain situations. In addition, the person who provided alcohol to the drunk driver may be held liable if they know the person is excessively drunk and continue to serve them. Admissions of guilt or convictions automatically change a limited offense limit for insurance to a full offense limit so that a person can receive compensation for pain and suffering.
How can a person strengthen their personal injury case?
As with any car accident, the debtor’s insurance company wants to pay out the lowest possible amount. The burden of proof remains with the injured party. Even if the insurance company agrees to accept liability for the accident, it can still try to settle for less than what one person is entitled to. They can question the extent of their liability or argue that some of the violations were due to pre-existing conditions. You could also look into the driving record of the not-at-fault party. Almost every tactic is on the table, including downplaying the severity of injuries.
It is highly recommended that an individual consult a personal injury attorney to handle their case. A lawyer will ensure that the accident is fully documented and investigated, and identify key aspects of the case that may affect the compensation, such as: B. if the drunk driver drove a personal or commercial vehicle or was overwhelmed at the place of consumption.
What needs to be done immediately after an accident with a drunk driver?
Knowing how to deal with a drunk car accident is also important. The following includes steps to take after an accident with a drunk driver:
Remain calm, assess the situation and make sure that there is no other immediate danger.
Call 911 and let them know the other driver may be drunk.
If the other driver is combative, stay in the vehicle.
Take notes and photos of relevant information that will help demonstrate liability.
Write down the contact information of all witnesses.
Retain all related evidence, including damaged items.
See a doctor to make it known that the injuries were related to a car accident.
Make sure that good records are kept.
Call the insurance company to report the accident.
Contact an attorney to report a personal injury
Do not accept an agreement without first contacting a lawyer. Also, avoid posting on social media about the accident or accepting unfamiliar friend requests while the case is active. Anything that can be done after the accident to carry the proof of liability benefits both the victim and his lawyer.
The Philadelphia auto accident attorneys at McCann & Wall, LLC help clients get fair compensation in the event of a drunk driver collision
If you’ve been involved in a drunk car accident and are curious about your rights and compensation options, contact a Philadelphia car accident attorney at McCann & Wall, LLC. Call us at 215-515-7644 or contact us online today for a free consultation. Located in Philadelphia, Abington and Media, Pennsylvania; Wilmington, Delaware; and Haddonfield, New Jersey, we serve local customers.