What To Do When Hit By A Drunk Driver

In most cases, drunk drivers are considered to be at fault for accidents that they cause. This is because driving under the influence of alcohol impairs a person's ability to operate a vehicle safely, increasing the risk of accidents. Additionally, driving while intoxicated is illegal in most states, and violating this law can be used as evidence of negligence in a car accident lawsuit.

However, it's important to keep in mind that every situation is different, and there may be circumstances in which a drunk driver is not considered to be entirely at fault for an accident. For example, if the other driver was also negligent or contributed to the accident in some way, they may be found to be partially at fault. In these cases, the allocation of fault will be determined based on the specific facts and circumstances of the accident.

If you have been hit by a drunk driver and are seeking compensation for pain and suffering, there are several steps you will need to take:

1. Collect evidence. In order to prove that the other driver was negligent or at fault for the accident, you will need to provide evidence such as witness statements, accident reports, and medical records. This evidence can also be used to support your claim for pain and suffering.
2. Consult with a drunk driving accident attorney. An experienced attorney can help you to understand your rights and options, and can assist you in negotiating a settlement with the other driver's insurance company.
3. File a lawsuit. If the other driver's insurance company is unwilling to offer a fair settlement, your attorney can help you to file a lawsuit against the driver in court.
4. Attend court proceedings. If your case goes to trial, you will need to attend court and present your evidence to the judge or jury. Your attorney can help you to prepare for this process and can represent you in court.
5. Receive a judgment or settlement. If you are successful in your lawsuit, you may be awarded damages for your injuries and other losses, including pain and suffering. The other driver may be ordered to pay these damages either through a court judgment or a settlement agreement.

If you have been injured in an accident caused by a drunk driver, you may be entitled to seek compensation for your injuries and damages through a personal injury claim. A personal injury lawyer can help you understand your legal options and represent you in negotiations with the other party's insurance company or in court.

To prove that the other driver was at fault for the accident, you will need to show that they were under the influence of alcohol at the time of the accident and that their impairment caused the accident and your injuries. You will also need to show the extent of your damages, including any medical bills, lost wages, and other costs resulting from the accident.

To pursue a personal injury claim, you will need to gather evidence such as the police report, witness statements, and documentation of your injuries and damages. Your lawyer can help you with this process and advise you on the best course of action to take to seek compensation.

It is important to keep in mind that every state has its own laws and deadlines governing personal injury claims, so it is important to speak with a lawyer as soon as possible to ensure that you take the necessary steps to protect your rights.