It is incredible how many motorists the law penalizes for being behind the wheel while drunk, yet how prevalent these offenses are. Fines and punishments appear to have little effect on drivers, as many continue to commit the same offenses. As if the punishments are not enough deterrents, hundreds of people sustain injuries or die each day on Fayetteville roadways because of drug-impaired motorists.
If you or your loved one suffered injuries caused by an impaired driver, the law entitles you to compensation. Therefore, consider having a Fayetteville drunk driving accident attorney fight for the compensation you deserve.
How You Handle Yourself After an Accident May Influence Your Case
After a car collision with a drunk driver, follow these steps to address the situation effectively:
Seek Medical Help and Contact the Authorities
Even if neither party is seriously hurt, contact police departments and report the negligent driver before they flee or do more harm. It is also crucial to contact the police since they can confirm whether the other party was inebriated, which is crucial when filing a claim.
While you wait for the police, gather wreckage proof. Take images of both vehicles, any injuries received, and the overall collision site.
Gather Information from Any Witnesses
When establishing a claim, you need to gather proof from eyewitnesses if you want to have a solid argument. Make notes of their identity and contact details as well.
For a free legal consultation with a Drunk Driving Accident lawyer serving Fayetteville, call 800-537-8185
Who Is to Blame for Impaired Driving Accidents?
Most people agree that motorists who drive while impaired are entirely responsible. For most criminal DUI cases, they are the only parties prosecuted.
Establishing legal liability for injuries triggered by impaired driving accidents is usually very complicated and subtle. Whereas the drunk driver bears some culpability, additional entities may also have contributed. This can include the driver’s employer, a club, eatery, bartender, or server who over-served the motorist. If a juvenile caused the accident, the court may hold the bar or eatery that served them accountable.
What Is the Time Limit for Filing a DUI Collision Claim?
To take legal action, you have two years from the time of the accident. However, because the jury often convicts defendants who instigate such mishaps and hurt others, they can increase the maximum period to six years. As a result, the 2-year limitation could only begin once they complete the criminal case, or after 6 years.
It is critical to engage as promptly as possible because the longer you wait, the more likely proof will evaporate. An expert drunk driving accident lawyer in Fayetteville can assist you in understanding all the defined limits that apply to your case.
How a DUI Case Works As a Civil Matter
Following a collision triggered by a drunk driver, there will be two different court cases: a criminal case and, if you sue, a civil lawsuit for bodily damage or wrongful death. Although the judicial process does not connect these cases, what transpires in one could have an enormous impact on another.
If the jury convicts the culpable motorist of DUI in a criminal prosecution, for instance, the likelihood of victory in your lawsuit increases. However, this conviction does not ensure a successful outcome in a civil action.
Suing a Drunk Driver in Arkansas
In Arkansas, the “posted limit” for drunken driving is .08 percent, which implies that when a motorist’s blood contains .08 percent alcohol by content, they are definitely in breach of DUI regulations. You can normally prosecute the at-fault motorist for the flaws they made behind the wheels if you are subject to a collision.
Even after the authorities initiate criminal prosecution against the motorist who hurt you, you may still start a civil lawsuit for their misconduct, resulting in injury. In addition, this court charge could be beneficial to your argument. If they find the intoxicated operator guilty of the crime, this judgment may help you establish your cause.
Once you start a personal injury claim, you typically show that the at-fault motorist was “neglectful” by demonstrating that they failed to perform certain customary obligations. You should also show how their misconduct triggered your injuries, besides establishing your damages. This entails showing how the crash occurred, along with demonstrating losses like healthcare fees, lost earnings, and pain and misery.
Damages You Can Receive Compensation for
You should pursue recompense and other expenditures after a car wreck by filing an insurance payout and/or pursuing a personal injury claim.
The following are examples of potential damages that you could receive compensation for:
These are material costs that you suffered because of what happened and which your Fayetteville drunk driving accident lawyer can substantiate. They include:
- Medical costs; the value of your ailments’ care, along with continued therapy and hospital attention.
- Property destruction
- Earnings lost; if your injuries prevent you from going back to work for an extended period or even forever, you may retrieve the worth of your lost income.
- Funeral and burial fees; if you submit a wrongful termination claim for the death of a family member in a fatal DUI car crash, you may collect these costs.
This recompense is for non-economic harms or difficulties, including:
- Cognitive and psychosocial misery and agony
- Lost companion
- Traumatic amputation or incapacity; this includes continuing physical discomfort from a devastating injury, as well as substantial scars.
This extra recompense is paid in a civil case to penalize a drunk driver, and you can pursue it independently of any criminal charges brought against the careless motorist.
Contact a drunk driving accident attorney in Fayetteville for help.
Contact Our Team for Help Today
If a drunk driver hurts you, they should pay the price. You have hospital payments to make, maybe continued therapy, time away from work, and lost income, along with the agony and hardship you’ve experienced because of what happened.
Morris Bart’s attorneys are highly experienced with DUI accident cases. We can relieve you of the pressure of obtaining fair and just compensation, allowing you to focus your energies on recuperating. Get a free case evaluation immediately by contacting us.
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