If you’ve been a victim of a car accident involving a drunk driver, you may be wondering if you can sue for compensation. If so, then the answer is yes. You have the right to file a lawsuit against the other party and try to get some money back for your injuries. However, for you to win your case and receive compensation due to someone else’s negligence, it’s important that you understand how these laws work so that no one gets away with causing injuries.
What Do I Need to Prove?
You must demonstrate that your injuries are a result of the driver’s recklessness in order to file a lawsuit against them. The four components you need to demonstrate include:
Legal duty
It is the simplest component to establish because all drivers have a responsibility to exercise caution. They must drive cautiously, keep watch, and adhere to all traffic laws and regulations that include not operating a vehicle while under the influence of alcohol.
Violation of legal duty
After establishing legal responsibility, you must show that the driver broke the obligation. This basically implies that they were to blame for the accident. It does not imply that they were to blame for your injuries. You must demonstrate what happened in the subsequent element before the court.
Causation
A drunk driver might be at fault for a collision, but not for your injuries. Therefore, you must demonstrate to the court how the driver caused your injuries by being negligent. The case’s details will determine the best way to establish this component.
Damages
To receive compensation, you must demonstrate that the accident brought about damages. You can demonstrate financial losses like medical expenses, lost income, and auto repair costs. Alternatively, you can demonstrate non-economical things like psychological hardship and pain. The latter is difficult to quantify so you will require the assistance of a vehicle accident attorney.
How much compensation will I receive?
Due to the uniqueness of every case, there’s no standard settlement sum for a drunk driving accident claim. However, whilst it’s difficult to give a specific settlement figure, these cases typically result in bigger payouts than those involving sober drivers. Some of the elements that determine the amount of compensation include the degree of injuries, financial losses, and comparative fault.
In certain jurisdictions, you’ll receive lower financial rewards if you in any way contributed to the accident. That implies that the court will attempt to determine the degree of your contribution and alter the reimbursement appropriately. For instance, if you were exceeding the speed limit by twenty miles per hour, you might well be held responsible for 25% of the accident lowering your compensation.
Wrapping Up
You need to be aware of what to anticipate before making a claim if a drunk driver caused your car accident. Like any other auto accident, it’s crucial to compile as much evidence as you can to accurately recount all the circumstances leading up to and during the collision.
