Is it possible to sue a drunk driver who hits you?

possible to sue a drunk driver

Every 39 minutes, someone in the United States dies due to a drunk driving crash, according to the National Highway Traffic Safety Administration (NHTSA). This chilling statistic underscores the devastating impact of drunk driving on individuals, families, and communities. When a drunk driver’s recklessness shatters lives, the question of legal recourse often arises. Can you sue a drunk driver who hits you? Certainly, the answer is yes.

Suing a drunk driver falls under the legal concept of personal injury, where an individual seeks compensation for damages caused by another party’s negligence. While no amount of money can truly mend the physical and emotional wounds inflicted by a drunk driver, legal action can help victims and their families cover medical expenses, lost wages, and other costs associated with their recovery. In the aftermath of such a traumatic event, seeking the counsel of an auto accident attorney Portland can be the first step toward obtaining the justice and compensation you deserve.

Understanding the legal details of drunk driving cases is essential for victims and their families. This article will shed light on your rights as a victim, the legal process of suing a drunk driver, and the crucial role a personal injury attorney plays in ensuring you receive the compensation you are entitled to.

Understanding Fault in Drunk Driving Accidents

In legal terms, determining fault in a drunk driving accident hinges on the concept of negligence. Negligence refers to the failure to exercise reasonable care, resulting in harm to another person. When a person chooses to drive under the influence of alcohol, they are automatically considered negligent.

This is because drunk driving is a conscious decision that blatantly disregards the safety of others on the road. A personal injury lawyer would use this inherent negligence as a cornerstone in building a case against the drunk driver. They would gather evidence such as police reports, blood alcohol concentration (BAC) test results, and witness testimonies to establish the driver’s intoxication and prove their fault in the accident.

Types of Damages in Drunk Driving Cases

Drunk driving accidents often result in severe consequences for victims, ranging from physical injuries and emotional trauma to financial hardships. As such, victims are entitled to seek compensation for various types of damages. These damages can be broadly categorized into economic and non-economic damages.

Economic damages refer to the tangible financial losses incurred due to the accident. This includes medical expenses, such as hospital bills, rehabilitation costs, and ongoing treatment. It also encompasses lost wages due to an inability to work, as well as any diminished earning capacity resulting from long-term injuries. Property damage, such as repair or replacement costs for the victim’s vehicle, also falls under economic damages.

Non-economic damages, on the other hand, compensate for the intangible losses that are not easily quantifiable. This includes pain and suffering, emotional distress, loss of enjoyment of life, and loss of consortium (the loss of companionship and support from a loved one). In some extreme cases where the drunk driver’s actions were particularly egregious, punitive damages may also be awarded. These damages are intended to punish the drunk driver and deter others from engaging in similar behavior.

Understanding the full extent of damages you may be entitled to can be complex, which is why consulting with an experienced Oregon personal injury lawyer is a must. They can assess your specific circumstances, gather the necessary evidence, and advocate for the maximum compensation you deserve.

The Role of an Attorney

Navigating the complexities of personal injury law, especially in drunk driving cases, can be daunting for victims. This is where an experienced attorney can make a significant difference. A personal injury lawyer specializing in auto accidents, such as an auto accident attorney, possesses the legal knowledge and expertise to effectively advocate for your rights.

These attorneys will meticulously investigate the accident, gather crucial evidence, and build a strong case on your behalf. They will handle all communication and negotiation with insurance companies, ensuring your interests are protected and that you are not taken advantage of during a vulnerable time. If a fair settlement cannot be reached, your attorney will be prepared to take your case to court and fight for the maximum compensation you deserve.

While it’s possible to pursue a claim on your own, having a skilled attorney by your side significantly increases your chances of success. Their expertise in dealing with insurance companies, their understanding of local laws and regulations, and their courtroom experience are invaluable assets in securing the compensation you need to rebuild your life.

The Statute of Limitations

Like all legal claims, lawsuits against drunk drivers must be filed within a specific timeframe, known as the statute of limitations. In Oregon, the statute of limitations for personal injury cases, including those stemming from drunk driving accidents, is generally two years from the date of the accident.

This means that if you wish to sue the drunk driver for damages, you must initiate the lawsuit within two years of the accident date. Failing to do so could result in losing your right to seek compensation altogether. While two years may seem like ample time, it’s important to remember that gathering evidence, negotiating with insurance companies, and preparing for a potential trial can be time-consuming processes.

Understanding and adhering to the statute of limitations is of utmost importance in protecting your legal rights. By seeking legal counsel early on, you can ensure that your case is filed within the prescribed timeframe, giving you the best chance of obtaining the justice and compensation you deserve.

What to Do After a Drunk Driving Accident

The aftermath of a drunk driving accident can be overwhelming, but taking the right steps is crucial for your well-being and legal standing. First and foremost, seek immediate medical attention, even if your injuries seem minor at the time. Some injuries may not manifest symptoms immediately, and a medical evaluation can create a record of your condition.

Next, contact the police to report the accident. A police report serves as a vital piece of evidence, documenting the circumstances of the crash and the driver’s intoxication. If possible, gather information at the scene, such as the drunk driver’s name, contact information, insurance details, and license plate number. Obtain contact information from any witnesses who observed the accident, as their statements can be valuable in supporting your case.

As soon as possible, consult with a drunk driving victim attorney. They will guide you through the legal process, explain your rights, and begin building your case. They will also handle all communication with insurance companies on your behalf, ensuring you are not pressured into accepting a low settlement that doesn’t fully compensate for your damages.

Remember, time is of the essence. By acting swiftly and seeking legal counsel, you can protect your interests and take the first steps toward recovery and justice.

Conclusion

Suing a drunk driver who has caused you harm is not only possible but often necessary to obtain the full compensation you need for your recovery. The legal process can be intricate, but with the help of a skilled auto accident attorney, you can navigate the complexities and pursue the justice you deserve. Remember, the decision to drive drunk is a negligent act with devastating consequences, and victims should not bear the burden of these actions alone.

If you or a loved one has been affected by a drunk driving accident, do not hesitate to reach out to a personal injury lawyer specializing in auto accidents. They will fight tirelessly to protect your rights, hold the drunk driver accountable, and secure the compensation you need to rebuild your life. The road to recovery may be long, but with the right legal support, you can find hope and healing in the pursuit of justice.

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