A drunk driving collision may look like an obvious liability case, but that does not mean the civil claim is simple. Serious injury matters still require careful proof. The insurance carrier may dispute the severity of injury, the need for future treatment, the amount of wage loss, or the long-term effect of the crash. In fatal cases, damages and causation issues may be heavily contested even where impairment is not.
These claims may also involve overlapping criminal and civil issues. Police investigations, DUI-related evidence, witness statements, scene photographs, crash reconstruction materials, and medical records may all become important. In some cases, there may also be questions about multiple responsible parties, policy limits, uninsured or underinsured exposure, or whether another entity contributed to the circumstances of the collision.
Because the injuries in these cases are often severe and the damages can be significant, a disciplined early case review usually matters.
- A high-speed rear-end collision caused by delayed reaction time
- A wrong-way or lane-departure crash on a highway or arterial road
- A T-bone or red-light intersection collision
- A pedestrian or bicycle strike involving an impaired driver
- A multi-vehicle chain-reaction crash caused by an intoxicated motorist
- A late-night crash involving excessive speed, erratic driving, or failure to yield
- A single-vehicle loss-of-control crash causing injury to passengers
Related pages: Rear-end collision lawyers, T-bone accident lawyers, Hit-and-run accident lawyers, and Pedestrian accident lawyers.
Because impaired-driving crashes often involve speed, loss of control, poor braking, or unusual impact angles, the injuries can be especially serious. Common injuries include:
- Traumatic brain injuries
- Neck and back injuries
- Spinal cord injuries
- Internal injuries
- Orthopedic injuries, fractures, and crush injuries
- Permanent disability and long-term impairment
- Fatal injuries leading to wrongful death claims
In the most serious cases, the collision may support a wrongful death claim.
In many DUI-related injury cases, the impaired driver’s negligence may be clear, but the civil claim still depends on proof. Important questions often include how the driver’s conduct caused the crash, what records exist from law enforcement, whether there were admissions or observations at the scene, and how the injuries were documented afterward.
Relevant proof may include crash reports, officer observations, witness statements, field-sobriety or chemical-test-related records where available through proper channels, photographs, vehicle damage, and medical evidence. In some cases, the fact that a driver was arrested or charged may overlap with the civil timeline, but the injury claim still needs to be built around the facts and damages evidence.
Some cases may also involve multiple responsible parties, coverage issues, or questions about whether another entity’s conduct contributed to the circumstances surrounding the crash.
Depending on the facts, a drunk driving accident claim may involve compensation for medical expenses, future treatment, lost wages, reduced earning capacity, pain and suffering, disability, disfigurement, loss of normal life, and property damage.
In serious cases, the damages analysis may involve surgery, long-term rehabilitation, permanent physical restrictions, cognitive injury, or major wage-loss issues. The presence of alcohol or drug impairment does not eliminate the need to prove the full extent of those damages. That is often where the largest disputes arise.
Related pages: How much is my personal injury case worth? and What damages can I recover?.
- Seek medical attention immediately and follow through with recommended care.
- Report the crash and preserve the report information.
- Document the scene, vehicle damage, and visible injuries if possible.
- Identify witnesses and preserve contact information.
- Keep records of treatment, expenses, and missed work.
- Review the case before assuming the insurer will value it fairly on its own.
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If you were seriously injured by an impaired driver, you may have legal options to pursue compensation for your losses. Randolph & Holloway evaluates select drunk driving accident cases involving severe injuries, wrongful death, and substantial damages.
Contact us for a free consultation.