Navigating the Aftermath of a Drunk Driving Accident

Summary

Drunk driving accidents are unfortunately all too common. If you've been involved in one, here's what you need to know and how to navigate the aftermath.

Drunk driving accidents are a harrowing reality, with far-reaching consequences that affect not just the victims but entire families and communities.

Each day, approximately 37 individuals in the United States lose their lives in drunk-driving accidents—equivalent to one person every 39 minutes.

In 2022, alcohol-impaired driving claimed the lives of 13,524 individuals in fatal crashes.

In the wake of such devastating alcohol-related events, victims and their loved ones often find themselves grappling with emotional trauma, physical injuries, and financial hardships.

This article will walk you through how to navigate the aftermath of a drunk driving accident. Find out how personal injury lawyers can help you seek justice and compensation for damages.

Understanding Drunk Driving Accidents

A drunk driving accident occurs when a motor vehicle collision involves at least one driver who is under the influence of alcohol. Legally, a driver is considered intoxicated if their blood alcohol concentration (BAC) exceeds the permissible limit set by state law.

In most states, the legal limit for the standard for intoxication is a BAC of 0.08% or higher for drivers aged 21 and over.

In California, stricter penalties apply for individuals with high BACs, specifically at 0.15%. Other states also enforce harsher penalties, such as New York (0.18%), Pennsylvania (0.1%), Texas (0.15%), Florida (0.20%), and other states.

For commercial drivers, the limit is typically lower at 0.04%.

For drivers under the age of 21, any detectable amount of alcohol can result in legal consequences.

The impairment caused by alcohol affects a driver’s ability to operate a vehicle safely by:

• Reducing reaction time
• Impairing judgment
• Decreasing overall motor coordination

These factors significantly increase the likelihood of accidents, often resulting in severe injuries or fatalities.

Statistical Data Highlighting the Seriousness and Common Occurrences of Drunk Driving Accidents

Drunk driving remains a pervasive issue in the United States, contributing to a significant number of traffic deaths and injuries each year. Just have a look at the sobering statistics from the National Highway Traffic Safety Administration (NHTSA) below:

• A little over 30% of all traffic crash fatalities in the United States involve drunk drivers who go beyond the BAC limit.
• Over the 10 years from 2013 to 2022, an average of approximately 11,000 people per year were involved in driving fatalities, losing their lives in drunk-driving crashes.
• Car crashes are a leading cause of death among teens, with nearly a third of fatal crashes involving young drivers linked to underage drinking.
• In 2022, 30% of young drivers aged 15 to 20 involved in traffic fatalities had a BAC of .01 g/dL or higher.
• In 2022, the 21-to-24-year-old age group represented the highest percentage of drunk drivers with BACs of .08 g/dL or higher.

• Men are significantly more likely to be involved in this type of crash, with four male drunk drivers for every female drunk driver.

Legal Consequences for Drunk Drivers

Individuals convicted of causing accidents while under the influence face severe legal consequences that can significantly impact their lives. These consequences typically fall into two categories: criminal charges and civil liabilities.

Criminal Charges

Driving under the influence (DUI) or driving while intoxicated (DWI) are criminal offenses with penalties that vary depending on the severity of the incident and the driver’s history. Penalties may include:

• Fines: Monetary penalties can range from several hundred to thousands of dollars.
• Imprisonment: Jail time can vary from a few days to several years, depending on the case’s seriousness and whether it resulted in bodily harm or drunk driving death.
• License suspension/revocation: Convicted drivers often face suspension or permanent revocation of their driving privileges.
• Probation: Offenders may be placed on probation with periodic check-ins from authorities to see if they comply with specific conditions.
• Mandatory alcohol education programs: Courts often mandate participation in alcohol education or treatment programs to address substance abuse issues.

Civil Liabilities

• Personal injury claims: Victims injured in drunk driving accidents can file personal injury lawsuits against the intoxicated driver, seeking compensation for medical expenses. They can also file a claim for lost wages, pain and suffering, and other damages.
• Wrongful death claims: If a drunk driving accident results in fatalities, the deceased’s family members may pursue wrongful death claims to recover damages related to funeral expenses, loss of companionship, and financial support.
• Punitive damages: In cases where the driver’s conduct is deemed particularly egregious, courts may award punitive damages intended to punish the offender and deter similar behavior in the future.

Personal injury lawyers play a crucial role in holding drunk drivers accountable for their actions. They provide expertise and support to victims and their families throughout the legal process:

• Legal representation: Personal injury lawyers represent victims in both criminal and civil proceedings, ensuring their rights are protected and their voices heard.
• Evidence gathering: These lawyers meticulously gather evidence, such as police reports, witness statements, and medical records, to build a strong case against the intoxicated driver.
• Negotiation: Experienced car accident lawyers negotiate with insurance companies and defense attorneys to secure fair settlements that adequately compensate victims for their losses.
• Court advocacy: If a fair settlement cannot be reached, personal injury lawyers advocate for their clients in court, striving to obtain favorable verdicts and maximum compensation.
• Emotional support: Beyond legal guidance, personal injury lawyers offer emotional support to victims and their families, helping them navigate the complexities of the legal system during a challenging time.

Rights of Victims in Drunk Driving Accidents

Victims of drunk driving accidents, along with their families, have several rights when it comes to seeking compensation for the damages they have sustained.

Compensation for Medical Expenses

Victims have the right to pursue compensation for medical expenses incurred due to the accident. This includes:

• Emergency room visits: Costs associated with initial emergency care
• Hospitalization: Expenses for any necessary hospital stays
• Surgeries and medical procedures: Fees for surgeries or other medical interventions required due to injuries sustained in the accident
• Rehabilitation and therapy: Costs for physical therapy, occupational therapy, or other forms of rehabilitation needed for recovery
• Medication and medical supplies: Expenses for prescription and medical supplies such as braces, crutches, or wheelchairs
• Future medical care: Estimated costs for ongoing medical treatment or long-term care.

Compensation for Lost Wages

Victims who are unable to work due to serious injuries have the right to seek compensation for lost wages. This includes:

• Current lost income: Earnings lost during the period of recovery
• Loss of earning capacity: Compensation for future income that victims may be unable to earn due to long-term or permanent disabilities caused by the accident

Compensation for Pain and Suffering

Victims are entitled to seek compensation for the non-economic damages they experience, such as:

• Physical pain: Compensation for the physical pain and discomfort endured due to the injuries
• Emotional distress: Damages for emotional suffering, including anxiety, depression, and post-traumatic stress disorder (PTSD) stemming from the accident
• Loss of enjoyment of life: Compensation for the diminished ability to enjoy life’s activities due to the injuries sustained

Punitive Damages

In some cases, victims may also be entitled to punitive damages, which are designed to:

• Punish the offender: Serve as a punishment for particularly reckless or egregious behavior by the drunk driver
• Deter future conduct: Act as a deterrent to prevent similar behavior by others

How to Respond If You Are a Victim

If you are a victim of a drunk driving accident, here is a step-by-step guide on what to do in the aftermath:

1. Ensure safety and seek medical attention

Check yourself and others involved in the accident for any injuries.

Call 911 immediately to request medical assistance in case of serious injuries.

If possible and necessary, move to a safe location away from traffic to prevent further harm.

2. Contact law enforcement

Report the accident to law enforcement. It’s crucial to have an official police report documenting the incident.

When the police arrive, provide them with accurate information about the accident. Mention any signs of the other driver’s intoxication, such as the smell of alcohol or erratic behavior.

3. Document the scene

Use your phone to take photos and videos of the accident scene, including vehicle damage, road conditions, traffic signs, and visible injuries.

Collect contact information from any witnesses who saw the accident. Their statements can be valuable in supporting your claim.

Exchange contact and insurance information with the other driver(s) involved in the accident. Be sure to note their name, address, phone number, driver’s license number, and license plate number.

4. Seek medical attention (even if you feel fine)

Even if you don’t feel injured, seek medical attention, as some injuries may not be immediately apparent. A medical evaluation will document any injuries related to the accident.

Adhere to any recommended follow-up treatments or appointments to ensure proper recovery and documentation of your injuries.

5. Preserve evidence and begin the claim process

Maintain all records related to the accident, including medical bills, repair estimates, and communication with insurance companies.

Reach out to a personal injury attorney as soon as possible. An experienced attorney can:

• Ensure that critical evidence is preserved and properly documented.
• Provide guidance on your rights and the steps necessary to pursue compensation.
• Manage interactions with insurance companies and other parties involved, allowing you to focus on your recovery.
• Gather evidence, witness statements, and expert testimonies to build a compelling case on your behalf.

6. Avoid discussing the accident publicly

Steer clear from talking about the details of the accident on social media or with anyone other than your attorney and close family members. Public comments can be used against you in legal proceedings.

Challenges in Drunk Driving Accident Claims

Drunk driving accident claims can present several challenges that require a meticulous deep dive to ensure victims receive the compensation they deserve.

Proving Impairment

Establishing that the driver was impaired during the accident is crucial. But it can be challenging. Evidence such as breathalyzer results, blood tests, field sobriety tests, and witness statements must be collected and preserved.

The timing of blood alcohol content (BAC) tests can also impact the results. Delays in testing can lead to lower BAC readings, complicating efforts to prove impairment.

Establishing Liability

Sometimes, the at-fault driver may argue that the victim shares responsibility for the accident. Comparative negligence laws in some states can reduce the compensation awarded based on the victim’s perceived share of fault.

If there are no witnesses to the accident or if the available witnesses are unreliable, proving the driver’s impairment and liability becomes more difficult.

Insurance companies also often employ tactics to minimize payouts, such as disputing the extent of injuries or suggesting that pre-existing conditions contributed to the victim’s suffering.

Gathering and Preserving Evidence

Physical evidence from the accident scene, such as vehicle damage and skid marks, must be promptly documented before it is lost or altered.

Comprehensive medical documentation is required to establish the full extent of injuries and their connection to the accident. Any gaps in medical treatment can be used against the victim.

The Role of Frantz Law Group in Drunk Driving Cases

Frantz Law Group has extensive experience handling drunk driving accident claims and employs a strategic approach to overcome these challenges and build a strong case for clients. Here’s how our team of personal injury lawyers navigate the complexities:

Proactive Evidence Collection

Frantz Law Group takes immediate action to collect and preserve crucial evidence, including obtaining police reports, securing BAC test results, and gathering witness statements.

Our team works with experts—such as accident reconstruction specialists and medical professionals—to provide authoritative testimony that supports the claim.

Establishing Clear Liability

The firm thoroughly investigates the accident to identify all responsible parties and establish clear liability. This includes analyzing traffic camera footage, inspecting the accident scene, and reviewing relevant records.

Frantz Law Group is adept at countering insurance company tactics to minimize payouts. Our personal injury attorneys negotiate assertively with insurers to ensure fair compensation and are prepared to take the case to court if necessary.

Building a Strong, Comprehensive Case

Our law firm meticulously documents all aspects of the case, from medical records to financial losses. Our goal is to present a comprehensive picture of the impact of the accident on the victim’s life.

Leveraging our deep understanding of DUI laws and personal injury litigation, Frantz Law Group effectively argues for maximum compensation, including punitive damages, where applicable.

Client Support and Advocacy

Frantz Law Group provides personalized service to clients, ensuring they are informed and supported throughout the legal process. We offer compassionate guidance while aggressively advocating for our clients’ rights.

By developing strategic legal plans tailored to each case, Frantz Law Group maximizes the chances of a successful outcome, securing justice and compensation for victims of drunk driving accidents.

Preventing Drunk Driving: Community and Legal Efforts

Drunk driving remains a pervasive issue that endangers lives on the road every day. The key to reducing drunk driving incidents lies in a multifaceted approach that includes education, law enforcement strategies, and community programs. Preventive measures not only save lives but also foster safer communities.

Implementing educational programs in schools helps instill a strong understanding of the risks associated with alcohol-impaired driving among young people. Topics often include the legal consequences, health risks, and emotional impact of drunk driving crashes.

Encouraging peer-led initiatives can be particularly effective, as students may be more receptive to messages delivered by their peers.

Law enforcement agencies should use more sobriety checkpoints to deter drunk driving. These checkpoints are strategically placed and conducted at times when drunk driving is most prevalent, such as holidays and weekends.

Increased patrols during high-risk periods help to identify and arrest alcohol-impaired drivers before they cause harm.

Mandating the use of ignition interlock devices (IIDs) for individuals convicted of DUI can prevent them from starting their vehicles if they have been drinking.

Implementing advanced technologies that detect impairment, such as in-car alcohol sensors, can further reduce the incidence of drunk driving.

Frantz Law Group: Your Advocates Against Drunk Driving

In the aftermath of a drunk driving accident, timely and professional legal intervention is crucial to ensure that victims receive the justice and compensation they deserve. The complexities of these cases, from proving impairment to establishing liability, require the expertise of seasoned legal professionals who can navigate the legal landscape effectively.

Frantz Law Group specializes in representing victims of drunk driving accidents, offering compassionate support and relentless advocacy.

If you or a loved one has been affected by a drunk driving accident, don’t wait to seek legal assistance. Contact Frantz Law Group today for a free consultation to discuss your case and explore your legal options.