Drunk driving is one of the most severe traffic safety concerns all over the world. It has been observed that almost one-third of all road accidents involving fatalities are related to drunk driving.
With so many people losing their lives because of drunk driving, the law enforcement authorities in the United States have put together strict measures to control the situation. However, the number of alcohol-related road accidents continue to be high in spite of these measures, such as breath and blood tests, vehicle inspection, field sobriety tests, and others.
When a collision occurs, it is important for the victim to seek compensation. The best way to go about it is to hire a 24 hour law firm.
Any individual injured by a drunk driver is certainly entitled to compensation for his or her injuries, property damage, and pain and suffering. However, the insurance company of the at-fault driver will not hand you over the settlement check easily. The victim will have to prove the claim, and this is where the support of an attorney can make all the difference.
How Drunk Driving Affects a Claim:
The insurance company of the other driver will appoint a claims adjuster to handle the claim. Please remember that most of the insurance companies prefer paying a fair settlement rather than ending up in court. In general, a jury or judge is extremely sympathetic towards the victims of drunk driving related accidents.
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The insurance companies are well aware of the fact, that a verdict in favor of the victim may result in paying a much larger amount compared to the present demand of the victim. All drunk driving victims can apply this powerful leverage during negotiations. As long as they have adequate evidence, the successful settlement of the claim may not be difficult.
Comparative Negligence and Liability:
Most of the states in the U. S. follow a comparative fault rule, while dealing with drunk driving cases. This means that the accident victim can pursue compensation from the insurance company of the other driver, even if he or she is partly responsible for the accident. In these cases, the compensation amount is adjusted to account for the victim’s share of liability.
State Liquor Laws:
The compensation received by the accident victim may not be limited to the insurance company of the at-fault driver. Most of the American states follow Dram Shop laws, according to which, bar and restaurant owners can be held responsible for serving alcohol to individuals involved in drunk driving. This liability is extended in some states to individuals that provide alcohol to the driver in his or her home.
The liability coverage carried by bars and nightclubs is much more, compared to what the victim can receive from the auto insurance of the drunk driver. However, it is extremely difficult to prove that the server should have been aware of the drunken state of the driver. While dealing with a Dram Shop case, it makes sense to seek help from an experienced personal injury attorney.
Gathering Proof:
It will not be too difficult to gather drunk driving related proof. Request the police to provide a copy of their report. This report contains a plethora of useful information, including the action of the at-fault driver that caused the accident, tickets issued to the driver, the reason why the driver was arrested, the blood alcohol content (BAC) of the driver, and much more.
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If the driver has been arrested, that is strong evidence in favor of the victim. However, it is always a good idea to strengthen the case by providing additional evidence, such as witness statements from individuals present at the scene, and photographic evidences of the cars, injuries, roadway, etc.
Disclaimer
Comments expressed here do not reflect the opinions of Vanguard newspapers or any employee thereof.