Why You Need a Car Accident Lawyer If Injured by a Drunk Driver

Every 45 minutes in America, someone loses their life to a drunk driver. If you’ve been injured by an impaired driver, you’re facing more than just physical recovery. You’re also confronting a complex legal battle that could determine your financial future.

While it’s possible to navigate this on your own, having a car accident lawyer by your side can make a world of difference.

In this article, we’ll explore how a skilled car accident lawyer can guide you through the legal process, fight for your rights, and help secure the compensation you deserve.

Why Drinking and Driving Causes Accidents

Drinking and driving is a dangerous combination because alcohol significantly impairs a person’s ability to operate a vehicle safely. Here’s why:  

• Impaired judgment: Alcohol affects the areas of the brain responsible for decision-making and judgment. This can lead to poor choices, such as driving too fast, following too closely, or ignoring traffic signals.
• Reduced coordination: Alcohol impairs motor skills and hand-eye coordination, making it difficult to control the vehicle, steer properly, and react quickly to changing situations.
• Slowed reaction time: Alcohol slows down the communication between the brain and the body, increasing reaction time. This delay can be critical in emergency situations, making it harder to avoid accidents.
• Blurred vision: Alcohol can blur vision and impair depth perception, making it difficult to see clearly and judge distances accurately.
• Drowsiness: Alcohol can make people feel drowsy or fatigued, increasing the risk of falling asleep at the wheel.

Who is Considered a Drunk Driving Victim?

Anyone injured or whose property is damaged due to a drunk driver’s negligence is considered a victim. This includes:

• Passengers, even the ones in the drunk driver’s own car
• Drivers and passengers in other cars involved in the collision
• Pedestrians and cyclists
• Motorcycle riders

How to Prove Liability in a Drunk Driving Case

In drunk driving cases, proving liability means demonstrating both the driver’s impairment and that this impairment directly caused the accident.

The two key pieces of evidence often used are Blood Alcohol Content (BAC) and field sobriety tests.

BAC testing is typically done through a blood test or a breathalyzer test. A blood test, usually performed at a medical facility, directly measures the amount of alcohol in the bloodstream.

A breathalyzer, on the other hand, measures the amount of alcohol in the breath, which correlates to the blood alcohol level.

A BAC of 0.08% or higher is the legal limit in most jurisdictions, and test results exceeding this threshold provide strong evidence of intoxication.

Field sobriety tests, administered by law enforcement at the scene, are another tool used to assess impairment. While these tests can be somewhat subjective, they can still contribute to the overall assessment of the driver’s impairment.

These tests typically involve a series of physical and mental tasks, such as horizontal gaze nystagmus (HGN), one-leg stand, and walk-and-turn.

The officer’s observations of the driver’s performance on these tests help form an opinion about the driver’s level of impairment.

Reasons Why You Need a Car Accident Lawyer in a DUI Case

Several crucial reasons underscore the importance of having a car accident lawyer if you’ve been injured by a drunk driver:

Navigating Complex Laws

Personal injury law is anything but simple. The moment you’re involved in a drunk driving accident, you’re thrown into a world of legal complexities. 

What makes it even more challenging? These laws change depending on where you live.

Take Massachusetts, for example. It’s what we call a no-fault state. This means your own insurance company pays for your injuries regardless of who caused the accident.

However, if your medical expenses exceed $2,000 or you’ve suffered serious injuries, you can step outside this system and seek compensation from the drunk driver.

This is exactly why having a Boston car accident attorney by your side becomes crucial. They know these local nuances like the back of their hand.

Dealing with Insurance Companies

Insurance adjusters might sound friendly on the phone. But many don’t realize that their job is to protect their company’s bottom line, not your best interests.

They often swoop in quickly after an accident with a settlement offer that might sound generous at first. But think about it – how can they accurately value your claim before you’ve even completed your medical treatment?

A car accident lawyer serves as your shield against these tactics, knowing how to:

• Evaluate the true value of your claim, including future medical expenses
• Handle all communication with insurance companies
• Negotiate effectively using evidence and legal precedent
• Protect you from making statements that could harm your case
• Maximizing Compensation

A skilled car accident lawyer understands how to calculate and pursue the full spectrum of damages you’re entitled to receive. This includes:

• Current and future medical expenses
• Lost wages and diminished earning capacity
• Pain and suffering
• Emotional distress
• Property damage
• Punitive damages (often available in drunk driving cases)

Their experience in similar cases helps them anticipate and document all potential areas of compensation, preventing you from settling for less than you deserve.

Investigating the Accident

When it comes to investigating a drunk driving accident, there’s so much more than meets the eye. Your attorney digs deep, gathering evidence that you might not even know exists.

They work with accident reconstruction experts who can piece together exactly what happened in those crucial moments.

Sometimes, they even uncover additional liable parties – like an establishment that knowingly served alcohol to an already intoxicated driver.

Protecting Your Rights

Time is not your friend after a drunk driving accident. Evidence can disappear, witnesses’ memories fade, and legal deadlines loom.

Your attorney works to preserve crucial evidence while ensuring you don’t miss any important deadlines that could jeopardize your right to compensation.

They manage your medical privacy and guide your communications with various parties, protecting you from potential pitfalls along the way.

Handling Legal Procedures

The legal process can feel like navigating a maze blindfolded. Your attorney knows every turn and deadline in this maze. They handle the mountain of paperwork, respond to legal motions, and manage settlement negotiations.

This expertise keeps your case moving forward efficiently while meeting all legal requirements.

Representing You in Court

While most cases settle before reaching the courtroom, having an attorney who’s prepared for trial can make all the difference.

It’s simple psychology. When the other side knows your lawyer is ready and capable of going to court, they’re more likely to offer a fair settlement.

If your case does go to trial, DiBella Law Injury and Accident Lawyers can help you build a strong case and fight for your rights before a judge and jury. They offer free consultations and work on a contingency fee basis.

Remember, when you’ve been injured by a drunk driver, you don’t have to face this challenge alone.

Having a car accident lawyer in your corner isn’t just about legal representation. It’s about having someone who understands what you’re going through and knows how to fight for what you deserve. They’re your advocate, your guide, and often, the key to ensuring you receive full compensation for your injuries.