How Does Getting Hit by a Drunk Driver Affect My Personal Injury Case?

Being involved in a car accident is a traumatic experience, but when the other driver is under the influence of alcohol or drugs, it adds an additional layer of complexity to the situation. In this blog post, we will discuss the significant impact that getting hit by a DUI driver can have on a personal injury case.

Negligence and Liability:

The fact that the driver was intoxicated can be a clear indicator of their negligence. Driving under the influence is illegal and considered a breach of the duty of care owed to other road users. This can significantly strengthen your case in proving the other driver’s liability for the accident and your resulting injuries.

Establishing Fault:

In personal injury cases, establishing fault is crucial for determining liability and seeking compensation for damages. The driver’s intoxication provides strong evidence of their fault in causing the accident.

Criminal Proceedings:

A drunk driving accident often leads to criminal charges against the intoxicated driver. These criminal proceedings can work in your favor by providing additional evidence of the driver’s negligence and their disregard for public safety. The outcome of the criminal case can also influence your personal injury case.

Insurance Coverage:

In many jurisdictions, auto insurance policies have specific provisions regarding coverage for accidents caused by drunk driving. These provisions may include higher policy limits or more importantly, coverage exclusions, or exceptions to coverage exclusions. Your attorney can review the insurance policy of the drunk driver, as well as your own insurance policy’s UM/UIM provisions to explore all potential avenues of coverage available.

Getting hit by a DUI driver is a traumatic experience that can have severe physical, emotional, and financial consequences. Remember, every case is unique, and the specific impact of the drunk driving aspect on your personal injury case will depend on various factors. Consulting with an experienced personal injury attorney who specializes in drunk driving accidents will provide you with tailored advice and guidance to maximize your chances of a successful outcome. Our law office is ready to help, let us discuss your legal options in a free consultation. Contact Ray Padilla Law, APC today at (619) 431-1187 (San Diego) to speak with Attorney Ray Padilla directly.  Please call even if it’s simply to ask, “what should I do?”