When a drunk driver causes a traffic accident and you sustain injuries as a result, Alabama law allows you to file an insurance claim or personal injury lawsuit to recover compensation for your accident-related damages.
The Morris Bart law firm represents Birmingham driving under the influence (DUI) victims in their pursuit of compensation. If you or a loved one has been injured, we can protect your rights and guide you through your claim.
How Can Our Atlanta Car Accident Lawyers Help You?
Our lawyers can handle the legal responsibilities while you concentrate on your recovery. This can include:
- Representing you in court
- Negotiating and running interference with insurance companies
- Handling all communications and casework
- Collecting evidence from the accident and of your damages
- Pursuing the best compensation
If your family member was killed in a Birmingham DUI accident, our team of compassionate attorneys may be able to help you pursue compensation. By filing a wrongful death claim, the defendant can face more severe charges and you can get justice for your loved one.
For a free legal consultation with a DUI lawyer serving Birmingham, call 800-537-8185
What Is the Difference Between My DUI Accident Being a Civil Case Versus a Criminal Case?
Alabama Code §32-5A-191 is the criminal statute that makes it illegal to drive while under the influence of alcohol, drugs, or any other impairing substance. Under this law, if you have a blood alcohol content (BAC) of 0.08 percent or above, or if you are impaired to the point that you are incapable of driving safely, you can be arrested for DUI.
It is important to note, though, that these are the laws that make driving drunk a criminal offense. On the other hand, recovering compensation on your behalf is a civil matter. While we can use the evidence gathered in the criminal case to support our claim, we do not have to prove the at-fault driver was drunk or impaired.
Birmingham DUI Lawyer Near Me 800-537-8185
Our DUI Lawyers Can Help Prove Negligence
In order to show the other driver was liable for your accident, we need to show:
- The driver had an obligation to do something or not do something, such as stop at a red light or yield before turning left.
- The driver failed to uphold that obligation, running the red light or turning in front of oncoming traffic.
- Their failure caused the accident and your injuries.
- You suffered physical injuries and financial losses.
Accordingly, if a drunk driver ran a red light and hit your car, we do not need to prove that they were drunk to establish their negligence—simply that they ran the red light. Your Birmingham DUI attorneys can investigate the cause of your accident and gather evidence to prove what happened.
Damages You Can Recover in a Birmingham DUI Accident Case
If we pursue compensation on your behalf in a Birmingham DUI accident case, we will seek to recover a payout for the damages we documented during our investigation. These can differ widely depending on your actual losses, but they may include:
- Current and future medical care related to your injuries
- Lost wages and diminished earning capacity
- Pain and suffering
- Mental anguish
- Property damages, including any repairs needed for your vehicle
- Wrongful death damages, if your loved one passed away in an accident caused by a drunk driver
- Any relevant out-of-pocket expenses
In some cases, a DUI may also be a felony. When a judge believes a drunk driver’s negligence needs to be punished in civil court, you may also be able to recover punitive damages. This is a rare type of damage that serves as a way to penalize the drunk or impaired driver for acting in a grossly negligent way.
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Alabama Statute of Limitations for Drunk Driving Accidents
According to Alabama Code §6-2-38, you have two years from the date of your accident to file a personal injury lawsuit in civil court. If the two-year limit passes, we may not be able to take the drunk driver to court or receive a just claim from their insurance company, even if the evidence against the drunk driver is strong.
Do not wait to contact our office about your case to ensure we do not miss any important deadlines. We can protect your right to file a civil suit.
Insurance Companies and DUI Cases
Our Birmingham DUI lawyers have experience dealing with Insurance companies. It is common for the defendant’s insurer to use tactics like:
- Tell the judge alcohol has no relationship to your injuries or deny any injury all together
- Denying your initial claim amount
- Contacting you after the accident and using certain things you say against you
- Offering you a lump sum of money upfront that is much less than the value of your total losses
Insurance companies have a responsibility to offer the plaintiff the policy limits in return for the full release of their insured. An attorney for DUI accidents can communicate with the insurer on your behalf and negotiate with them if your claim gets denied.
Morris Bart, LLC Is Ready to Take On Your DUI Accident Case
You do not need to face this process alone. Morris Bart, LLC lawyers in Birmingham can hold the drunk or impaired driver accountable and recover compensation for your expenses and losses. Reach out to us for a free consultation.
A member of our team can answer your questions and give you options for moving forward today. Our firm operates on a contingency fee basis with no up-front cost to our clients. We only take payment if our clients receive a settlement or award in court.
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