
If the other driver is under the influence of drugs or alcohol, there is an increased risk that their actions caused your collision and injuries. You could have a strong compensation case. However, you must still prove they were at fault for the crash.
Working with a car accident lawyer can make it easier to show negligence and liability in a crash case. Your attorney will gather evidence, present a compelling case, and demand fair compensation from the insurance carrier or at trial. Most personal injury law firms provide free initial consultations for crash victims. You can learn your options for free today.
Most States Have Fault-Based Car Accident Laws
In general, victims of traffic accidents hold the at-fault driver legally responsible for their damages and injuries. This same law applies if the driver is under the influence of drugs or alcohol. The victim must show how the other driver caused the crash, their injuries, and their financial harm.
Notice there is no mention of proving they were drunk or drugged. While this is helpful and could support the case against them, holding them legally responsible for your crash injuries is not strictly necessary.
When a driver’s carelessness or recklessness causes a crash in a state with fault-based car insurance laws, the victim generally has two options for recovering compensation:
- File a claim based on that driver’s auto liability insurance policy
- Sue the at-fault driver in the appropriate civil court
Most cases settle without going to trial, even when a lawsuit occurs. There are benefits to negotiating a settlement for the victim and the at-fault party. The insurance company does not want to pay for an expensive, time-consuming trial they will most likely lose. The victim’s attorney will work to get the insurer to make a fair offer to compensate their client based on their current and future damages and are often able to do so.
When necessary, though, the case will go to trial. At trial, each side presents evidence to the judge or jury, and they decide whether to award compensation.
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(888) 585-2188
What Do I Need to Show to Hold a Drunk or Drugged Driver Accountable?
You do not have to prove the driver was drinking or on drugs to recover money in your case. When a driver’s negligence causes a crash, you can hold that driver responsible and request a payout. This is what commonly occurs in these cases.
Even if the evidence shows the driver was under the influence, you must show the proximate cause of the crash. This includes the traffic law the driver violated or other mistakes that led to the collision. For example, a driver might run a red light because they were drunk. Running the red light is the proximate cause of the crash.
To hold the driver accountable, you must show they ran the red light and collided with you. Evidence from the police report and eyewitnesses that the opposing party was drunk can support your case. However, they will not sustain it on their own.
Do I Need a Lawyer to Handle My Auto Accident Claim?
Hiring a personal injury law firm to build and pursue your case allows you to focus fully on your healing. Your attorney will manage all aspects of your claim or lawsuit, building a compelling case to hold the at-fault driver legally liable. This could include gathering and presenting evidence to show they were drunk or drugged during the collision.
Your lawyer will handle all case-related communications, keeping your rights intact as you navigate the claims process and pursue an appropriate payout. They will understand this process and know what you must do next at each step along the way.
Working with a car accident lawyer can ease your mind, reducing stress and frustration about your accident, injuries, and the process.
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What Can I Recover Through a Car Accident Claim or Lawsuit?
After a crash, many people mainly worry about how they will pay their medical bills. However, many other expenses and losses occur when a drunk or drugged driver causes a crash. The victims hurt in the collision can hold that at-fault driver legally responsible for these costs.
While recoverable damages vary from case to case, they frequently include the following:
- Medical bills and related costs, current and future
- Care and support expenses
- Income lost from missed time at work
- Diminished earning ability
- Vehicle repairs and other property damages
- Miscellaneous expenses
- Pain and suffering
- Wrongful death damages for those whose loved ones died from injuries
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How Long Do I Have to File a Claim or Sue the Drunk Driver?
Under Md. Code, Cts. & Jud. Proc. § 5-101, crash victims in Maryland generally have up to three years to begin a lawsuit against the driver who caused their collision. Exceptions exist to extend or shorten this timeline. For the best results, contact an attorney as early in the process as possible.
Your lawyer will review your case and determine when the deadline is. For example, you might have three years from the date of death in a wrongful death lawsuit, while injury accidents give you three years from the accident date to sue.
Because you could lose your right to recover compensation through a lawsuit if time runs out, connect with an attorney near you as soon as possible.
Discuss Your Legal Options With Our Team for Free Today
Jenner Law represents clients hurt in traffic accidents that drunk or drugged drivers cause. We can develop a compelling case against these careless drivers and pursue compensation to help our clients cover their related expenses and losses. Justice is often possible.
Contact us today to get started. You can reach us via telephone or through our online contact form.
Call or text (888) 585-2188 or complete a Free Case Evaluation form