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Publish Date - August 31, 2021

Author: Arthur Brown

Categories:   Useful Automotive Information   

Protect Your Rights If You Get Hit By A Drunk Driver

Driving under the influence of alcohol is not only a criminal offense but also an act that puts precious lives in danger. DUI accidents differ quite a lot from other types of vehicle accidents and protecting one's rights can become difficult if things are not handled the right way.

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Driving under the influence of alcohol is not only a criminal offense but also an act that puts precious lives in danger. DUI accidents differ quite a lot from other types of vehicle accidents and protecting one's rights can become difficult if things are not handled the right way. Knowing your legal options and rights is necessary to cope up with the challenges that you might have to face after the accident. Here are some important proven ways to help protect your rights in the situation of a DUI accident.

Know the Types of Proceedings

Most of the time, drunk driving accidents end up usually in either of the two types called civil and criminal proceedings. In a civil suit, the rights of the public have been kept a priority while whereas in a criminal proceeding, the reckless driver will only be held accountable for their actions and punished accordingly. You can get financial compensation only by pursuing a civil suit. This reimbursement is given for the losses in medical treatment, lost wages, and for the disarray that the accident caused in your life. However, the drunk driver at fault will not be sent to jail as done in a criminal lawsuit. So people get auto loans and anticipate that they will be covered by their car insurance. According to the information found at myAutoloan.com, there are great insurance coverage packages that can cover accidents. The thing is, if the driver is found to be DUI, then this coverage may not take place, since they took part in illegal activity. So pick wisely and don’t make a decision too early. Try to figure out whether you want your peace of mind and let the accused be punished or want payment for your financial losses.

Understand Your State Laws

Check whether the state you live in provides you the option to file a dram shop liability lawsuit against a restaurant or a bar that fails to observe the amount of alcohol they are serving to their customer. The states which implement these laws require the relevant establishments to stop serving alcoholic beverages when near the daily consumption limit. Unfortunately, many states don’t find these restaurants and coffee shops to be a contributor in causing the wreck.

Contributory Negligence

There are some harsh rules set up for DUI accident claims in some states across the United States. The most prominent rule of them all is contributory negligence where if the victim is found to be partially responsible for the accident, no financial compensation will be given. However, a specialist lawyer in driving under the influence of alcohol cases could surely help you out in situations like these. Collecting evidence in the form of videos or pictures after the accident can be crucial when filing for financial losses as suggested by an expert drunk driving accident lawyer in Ann Arbor, MI who claims to deal with these cases often. Still, analyzing the situation and acting accordingly is key in dealing with a car wreck. For example, if anyone has received an injury, better call an ambulance first as it could become a matter of life and death.

Timeline Matters

You can only file a lawsuit within a specified time starting from the day you had the accident. Filing a case within the timeline is necessary and anyone who fails to comply loses their right to file the case. This timeline is called the statute of limitations. Filing the case requires adequate preparation, needs a feasible strategy, and requires preparation of legal documents. Doing all this would be impossible without hiring a lawyer. Nowadays you can find quite a lot of options when it comes to choosing a lawyer near you. So never make your decision in a rush and take your time when picking one. Moreover, always ask any relevant reservations or queries that you might have in your mind. Asking the questions will not only clarify your doubts but also help you in narrowing down the lawyers who are committed to their work.

Gathering Evidence

As suggested earlier, evidence matters when you are filing a lawsuit against a reckless drunk driver. Personal injury claims can only be pursued when you have the relevant documentation to back up your claims. Cooperate with the officials including police officers, doctors, rescue personnel, and most importantly your attorney pursuing the case. Even your medical records are used when filing for a civil lawsuit for financial compensation.

Car accidents involving alcohol abuse can cause work loss, financial loss as medical expenses, and most importantly non-economic damage that includes disability, pain, suffering, mental disturbance, and the distress resulting from the unfortunate event. Remember to ask your insurance provider about the assistance they can provide in terms of insurance claims after the accident. These were our tips that will surely aid you in understanding your rights and the steps you could take that will put you in the right direction when executed appropriately.