Unfortunately, it is a sad reality that irresponsible people still choose to drink and drive today, despite numerous other options such as taxis, rideshare apps, and otherwise to get them home safely. If you are injured in a car accident and the at-fault driver is intoxicated, it is important to contact a car accident lawyer to help you with your case right away. Here are several ways a car accident lawyer can assist you according to our friends at Garrett, Walker, Aycoth & Olson, Attorneys at Law!
Obtaining the criminal file
If the at-fault driver who caused your wreck is charged with driving while impaired (DWI), a car accident lawyer can obtain and review the criminal file for their charges and utilize parts of it to strengthen your claim. Typically, there are affidavits from the arresting officer and/or chemical analyst regarding breath or blood tests showing the alcohol concentration in the driver’s blood at the time of the wreck. These are very helpful in pursuing your claim for injuries and will allow you to pursue the greatest possible recovery for your injuries.
Arguing for punitive damages
When a person drives drunk, the law views their conduct as willful and wanton with reckless disregard for the rights of others due to the high likelihood of harm to those on the road. This allows your car accident lawyer to obtain an additional type of damages on your behalf beyond the typical medical expenses, lost wages, and pain and suffering called punitive damages. Punitive damages exist specifically to punish the at-fault driver for their actions and to deter them from driving drunk again in the future. They can be a significant portion of your recovery depending on how intoxicated the at-fault driver was and whether they have a history of driving while impaired.
Identifying other potential avenues of recovery
A car accident lawyer can also investigate the circumstances of the at-fault driver’s impairment and potentially pursue a recovery against other entities for your injuries. For example, if the at-fault driver was at a bar or restaurant and served alcohol while already impaired and then was allowed to leave and drive his or her own vehicle, you may have a claim against the bar or restaurant for negligence. Your car accident lawyer will be able to review all the evidence and seek the maximum compensation for your injuries from each and every liable party.
Anytime you are involved in a car accident it is important to retain a lawyer to help you with your claim, but this is especially true when the at-fault party has been charged with driving while impaired related to the wreck. If you are hit by a drunk driver, give a drunk driving accident lawyers a call.