The 3 Major Stages of Building a Drunk Driving Accident Claim
1. Conducting an Investigation
If the driver was cited or arrested for DUI, and ultimately convicted or pleaded guilty to the charge, this does not automatically entitle you to compensation. So, as with any auto accident a comprehensive investigation is the first step in taking legal action against a drunk driver.
Any experienced attorney should collect evidence at the scene and from other sources in order to build your claim. Some examples of the types of evidence that can be used to build a drunk driving accident claim include:
The police report
Eyewitness testimony
Video footage of the accident
Forensic evidence (i.e., an open container)
Testimony from a bartender who served the driver
The drunk driver’s own testimony or social media posts
The driver does not need to be over the legal limit for you to have a viable drunk driving accident claim. Alcohol impairs the ability to drive safely. Combine this with the likelihood of the drunk driver performing any number of careless actions – from checking social media to texting while driving – and you have multiple options for arguing that the driver’s negligence caused your injuries.
2. Proving That the Drunk Driver Caused the Accident
After collecting evidence, an experienced attorney should hire one or more experts to help prove that the negligence of the drunk driver caused your injuries. For example, if applicable, experienced lawyers engage accident reconstructionist to assist in building claims for liability.
Accident reconstructionist are experts who take the available evidence, analyze it, and use it to build a computer rendering of the events that led-up-to and transpired during a crash. Accident reconstructionist rendering may be introduced as evidence in court, and they can carry significant weight in insurance settlement negotiations as well.
3. Proving the Extent of Your (and/or Your Family’s) Losses
In addition to proving that the drunk driver is liable, you also need to prove how much you are entitled to recover.
An experienced attorney may engage or hire medical and economic experts to assess your injuries and calculate the losses you and your family have sustained. This type of testimony is crucial for determining the compensation to which you may be entitled.
The financial compensation that is recoverable in a drunk driving accident case is entirely dependent upon the victim’s (and/or the victim’s family’s) losses. The damages awarded in non-fatal accident cases differ from those awarded in cases of wrongful death.
In cases of serious injury or death, these damages are based on the actual losses incurred (or that will be incurred in the future). Economic damages may include medical bills, lost wages, loss of earning capacity, and more.
You and your loved ones may also be entitled to compensation for non-economic damages. These damages, which may include pain and suffering, emotional distress, loss of enjoyment of life, and more.
In some drunk driving cases, punitive damages may be available as well. Pursuing punitive damages are meant to punish the person responsible for the accident.
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DISCLAIMER: The content contained herein is provided for informational and/or entertainment purposes only. Nothing contained in these videos should be construed as providing legal advice. You should immediately consult with an attorney respecting any legal concerns that you may have based off of your state laws. For a free consultation and case review please call us: 415-851-4300
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