What to Know When You've Been Hit by a Drunk Driver

1. You Are Likely Not At Fault

Typically, a drunk driver will be found to be at fault for the accident. This designation, attached to the drunk driver, is common because every driver has a "duty of care" to drive responsibly and safely. Drinking and driving is almost always a surefire way to breach this duty of care, and if it leads to property damage or personal injury, you may be able to sue or file a claim.

The driver's blood alcohol content (BAC) is an important factor when determining who is at fault. If the driver was severely inebriated and their BAC was well over the legal limit, they are more likely to be found at fault. Similarly, the type of accident plays an important role, too.

For example, if you rear-ended someone who turned out to be drunk, you may still be found to be at fault. In most cases, the back driver in rear-end collisions is responsible because they were likely driving too close to the other car or too fast. However, if you can prove the other driver's drunkenness caused them to cut you off or suddenly slam on their breaks at 60 mph, they may be found to be responsible for the accident.

2. You Can File a Claim, Sue, or Seek Victim Compensation

If you are hit by a drunk driver, you have the option to file a claim with the insurance company or sue the other driver. You may decide to sue if the injuries you sustained were extensive and expensive or if the other driver has no insurance or inadequate insurance. In addition, because the other driver was drunk, you may also be awarded punitive damages.

For example, one driver in Georgia hit the victim's car twice and then continued to push into it. Since this type of behavior is considered outrageous and dangerous, it led to awarded punitive damages. Punitive damages are capped at $250,000 in Georgia unless you can prove the other drunk driver was specifically and intentionally trying to harm you.

If you have exhausted all other ways to seek reimbursement for your accident, including health and auto insurance claims, but you still haven't been reimbursed, you can try the victim compensation program, which provides money for people after an accident.

To get any money, however, you must prove that the other driver caused serious injuries (or wrongful death), that you didn't cause the accident, that you notified the police within 72 hours of the accident, and that the accident was no more than one year ago.

3. You Can Benefit If the Other Driver Is Convicted of a DUI

Drunk driving is illegal. Therefore, even if the drunk driver caused no major damages or injuries, they can still be legally responsible for their actions. This legal responsibility may lead them to receive fines, jail time, or community service.

In addition, if the drunk driver who hit you is convicted of a DUI, it may help your case. When the drunk driver gets convicted, it shows the courts and insurance agency that the other driver did something wrong, which helps you better prove they fully caused the accident and helps you to receive compensation.

Car accidents are never fun, and when they involved drunk drivers and high speeds, they can become deadly. If you've been hit by a drunk driver, you may be wondering what to do next. If you would like to know more, or if you're ready to start talking about filing a claim or suing the drunk driver, contact us at the Law Office of Paul R. Bennett today.