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 you’ve been injured in an accident, a DUI accident lawyer in Montgomery can help protect your rights.
When someone chooses to get behind the wheel when they are impaired, they should cover the damages they caused to their accident victims. You may be able to pursue compensation through an insurance claim and a settlement or by taking your case to court.
A DUI Accident Lawyer May Be Able to Pursue Damages on Your Behalf
After a Montgomery DUI accident 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 that they were obligated to follow.
- They failed to follow the law.
- 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 DUI lawyer serving Montgomery, call 800-537-8185
Drunk Drivers Pose Serious Risks to Others on the Road
DUI and DWI accidents cause a significant number of injuries and fatal accidents each year. Negligence may cause a driver to break numerous traffic laws or take other risks that put other drivers in danger. According to the National Highway Traffic Safety Administration, some signs for visual detection of a DWI motorist include:
- Struggling to maintain their lane position
- Running off the road, driving on the shoulder, or driving in the median
- Driving the wrong way on a divided highway or interstate
- Having a slow response to red lights or other indicators to stop
- Braking too soon, too late, or too hard
- Varying speed for no reason
- Following too closely (tailgating)
- Driving without headlights at night
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?
If you were injured in a car crash, you can sue the other driver for drunk driving. Filing a lawsuit against an individual for their reckless behavior can not only help you recover from your damages, but also punish the at-fault driver. Someone with a DUI or 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 DUI accident attorney in Montgomery will help you establish that the driver engaged in willful and wanton acts.
Will My DUI Accident Case Go to Court?
As the plaintiff in a personal injury lawsuit, there is a small chance that your case will go to court. As many as 95% of personal injury cases settle out of court. Your lawyer will attempt to negotiate a settlement on your behalf.
However, if we cannot reach an agreement, your case may proceed to court. Our law firm doesn’t shy away from litigation. We can help you pursue compensation for your injuries through an insurance claim or a lawsuit.
Is It Better to Settle or Go to Trial?
The answer to this question depends on your particular circumstances. Settlements are generally faster and less expensive than trials. You don’t incur any court fees or have to deal with the stress of going to court.
However, you may receive less money from a settlement than you would from a trial. Your DUI accident attorney will calculate your losses to decide the compensation your case warrants. Our legal team will form a course of action to pursue the full amount you deserve.
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 DUI Accident Settlement
The damages in a drunk driving accident include 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 DUI 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. A Montgomery wrongful death lawyer may be able to help you recover burial expenses if you lost a loved one as a result of a DUI accident.
Can You Afford to Hire a Montgomery DUI Accident Lawyer?
Our law firm takes pride in helping people in need. We strive to provide excellent legal care without adding to your financial burden. We understand that your accident may have left you too injured to work right when you have extra medical bills to worry about.
We don’t want our clients to worry about the cost of our legal services. 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.
Talk to a Morris Bart & Associates, LLC Lawyer About Your Case
Our DUI accident lawyers in Montgomery at Morris Bart, LLC know what it takes to collect evidence, prove fault, and seek a payout on behalf of our clients. 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.
to find a Morris Bart office near you.