A car accident can be an unexpected and devastating experience. However, when it happens under avoidable circumstances, such as driving under the influence, it can trigger more anger and bitterness. An accident can result in different kinds of losses ranging from property damages to loss of income.
DUI is a serious criminal offense. It should never go unpunished, and the victims should always be compensated for their losses. According to the Centre for Disease Control (CDC), alcohol-related accidents comprise of a third of all traffic accidents in the USA. In 2015 alone, 10,265 people died in alcohol-impaired driving crashes.
Get Compensation from the Perpetrator
There are a number of things you can do after the accident to ensure that justice is served and deserved compensation is obtained. Begin by reporting the incident to police officers. If the officers are not quick on the scene, the driver may try to cover the evidence for DUI. Hiding alcohol containers and using mouth sprays are common cover-ups. Alert the officers of such scenarios so they can administer a drug test.
Have a copy of the police reports as it will act as a strong evidence of the driver’s negligence. This will build a strong case for personal injury charge. You have more leverage in the civil case when you if the defendant has been convicted or has pleaded guilty to driving under the influence of alcohol.
It is impossible to fully and quickly assess the extent of your injuries especially because you can’t easily quantify emotional suffering. The defendant’s insurance company may pressure you to settle the case early. They will ask you to sign a release liability form to keep the payment as low as possible. Don’t fall into their trap. Contact Hammett, Bellin & Oswald, LLC to assess you throughout the legal proceedings. Make sure that the defendant compensates you for all the damages incurred.
What to Do When the Perpetrator Has No Assets
A person charged with DUI may have been driving without insurance and have no visible assets. In such a case, you have two options in collection your damage compensation. You can get it from any Uninsured Driver Insurance or under dram shop law.
Some states have laws that hold licensed establishments liable for selling alcohol to individuals who cause an accident. These laws are under dram shop law. That is why many establishments carry insurance to cover them against this kind of a liability. This can, however, be a hard case to prove as the establishment may claim that the person was fine before leaving and probably had drinks somewhere else or in the vehicle. As such, you will need a strong legal representation to prove that the defendant was, indeed, drunk by the time he left the establishment.
Conclusion
A DUI accident can be physically destructive, but the legal process that follows is mentally exhausting. Thus, it is important to seek assistance from an experienced personal injury lawyer.
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