Drunk driving is among the leading causes of vehicular crashes. Alcohol-fueled accidents are unnecessary and completely preventable. Yet, every year, people continue to drive while under the influence (DUI) or drive while intoxicated (DWI). This results in serious property damage, bodily harm and even death. The resulting drunk driving settlements can be costly to the individual DWI, the insurance companies and even businesses. It depends upon state legislation, the person or persons found to be at fault for the crash and the types of damages permissible.
Possible Damages To Consider in a Drunk Driving Settlement
If you have been involved in a drunk driving incident, chances are, you can claim different types of damages. It depends upon the specific legislation in your state. It also relies upon your insurance company as well as the insurance provider of the defendant (s). While there are variations, the basics you can consider in drunk driving settlements consist of both personal injury and punitive damages or special damages and general damages. These may include the following:
- Medical expenses
- Lost wages – including time off work for doctor and/or hospital visits
- Rehabilitation
- Life care requirements
- Pain and suffering
- Punitive damages – not all states permit
- Diminished value or replacement value of the vehicle
There are often caps on the amount of money you may obtain in drunk driving settlements for punitive damages and pain and suffering.
Who Is Liable In A Drunk Driving Charge?
Depending upon the individual state, you may charge several people as being responsible for the alcohol-related crash. Not only may you charge the driver and his or her insurance provider, but also the person who served the alcohol. This is possible if the state has a Dram Shop and Liquor Act. Under this piece of legislation, you can charge the restaurant, bar, tavern, etc. where the driver bought his drinks if:
- The place illegally served alcohol
- Did not possess a license
- Served a minor
- Served someone who was already intoxicated
There are Dram Shop laws in several states including Minnesota and Pennsylvania. You must prove, of course, liability for the accident first. For further information on this aspect of the law, you will need to consult a knowledgeable attorney.
See A Lawyer
If you are not sure how to proceed with your claim or do not know how to obtain fair drunk driving settlements, talk to an attorney in the field. He or she can help you prepare the groundwork to obtain an equitable settlement.
