If you sustained injuries or a loved one was killed in a car accident caused by a drunk, drugged, or otherwise impaired driver, you may be able to hold the at-fault driver accountable. When someone makes the choice to get behind the wheel when they are impaired, they should cover the damages they caused to their innocent victims.
When you’ve been injured in an accident, a drunk driving accident lawyer in Montgomery can help protect your rights by pursuing compensation through an insurance claim and settlement or by taking the case to court.
A DWI Lawyer May Be Able to Pursue Damages on Your Behalf
After a DWI attorney evaluates your case, they can tentatively identify the at-fault party in the accident and determine if you can take action against them. Some people are surprised to learn that proving a drunk or drugged driving civil case does not hinge on providing evidence that the driver was driving while impaired. Instead, your lawyer has to prove:
- There was a traffic law or rules of the road that they were obligated to follow.
- They failed to follow these rules.
- Their failure to follow the law caused your accident and injuries.
- You suffered physical injuries and financial losses.
While it is not necessary to show a drunk driving conviction to recover compensation in your case, it will support your claim.
For a free legal consultation with a Driving While Intoxicated lawyer serving Montgomery, call (334) 523-0664
Drunk Drivers Pose Serious Risks to Others on the Road
Impaired drivers cause a significant number of injury and fatality accidents each year. Their negligence may cause them to break numerous traffic laws or take other risks that put you and others on the road in danger. According to the National Highway Traffic Safety Administration, some signs for visual detection of a DWI motorist include:
- Struggle to maintain their lane position
- Braking too soon, too late, or too hard
- Varying speed for no reason
- Driving the wrong way on a divided highway or interstate
- Having a slow response to red lights or other indicators to stop
- Driving without headlights at night
- Following too closely (tailgating)
- Improper lane changes
- Running off the road, driving on the shoulder, or driving in the median
Almost any of the acts on this list can cause an accident. Drunk driving and driving under the influence of other substances change a driver’s reaction time and judgment and weaken motor skills.
Can You Sue Someone for Drunk Driving?
Filing a lawsuit and suing an individual for their reckless behavior can not only help you recover from your damages, but also punish the driver. Someone with a DWI will be punished through the criminal justice system, as well as face punitive damages from your civil case.
Punitive damages are intended to punish, as well as deter others from engaging in similar acts. Your Montgomery drunk driving accident lawyer will help you establish that the driver engaged in willful and wanton acts.
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Is Drunk Driving Negligence?
In simple terms, yes, driving while intoxicated is considered negligence. Negligence refers to any instance in which another person violated a duty of care and thus caused injury to someone else.
When someone chooses to drive impaired, they are breaching a duty of care to other drivers. Negligence is not often used to determine liability in a drunk driving accident. Individuals who are convicted of driving drunk are considered to be reckless and liable.
Alabama Law Limits How Long You Have to Take Legal Action
Alabama Code §6-2-38 sets the statute of limitations on personal injury lawsuits at two years. In general, you may lose the right to pursue a lawsuit in your case if you wait too long. Reach out to a Montgomery drunk driving accident attorney to learn more about the timeline you will need to follow if you are eligible to pursue a payout based on the facts of your accident case.
Damages Available in a Montgomery DWI Accident Settlement
The damages in a drunk driving accident includes the losses and expenses you incurred as a result of the accident. Your lawyer will document, and provide evidence for, your damages as a part of an investigation into your accident. A drunk driving accident attorney in Montgomery may be able to help you recover a settlement or pursue a court award for damages that include:
- Current and future medical treatment
- Any temporary or ongoing care related to your injuries
- Current and future lost wages
- Diminished earning capacity for those who cannot return to work
- Property damages, including your damaged vehicle
- Pain and suffering
Wrongful death damages may be recoverable for the family members of those who passed away as a result of their accident injuries. Montgomery drunk driving accident lawyers may be able to help you pursue a payout if you file a wrongful death claim.
Talk to a Morris Bart & Associates, LLC Lawyer About Your Case
The Montgomery drunk driving accident team at the Morris Bart, LLC knows what it takes to collect evidence, prove fault, and seek a payout on behalf of our clients in this type of case. We may be able to investigate your accident and file a claim based on the at-fault driver’s auto liability insurance policy.
For a free review of your case, reach out to a member of our team. We can evaluate your case at no out-of-pocket cost to you. We handle all personal injury cases on a contingency fee basis. If we don’t win, you don’t pay.
Questions?Call (334) 523-0664
to find a Morris Bart office near you.