Rear-Ended by A Drunk Driver Lawsuits & Settlements

If you are involved in a rear-end accident with a drunk driver, it's important to take the following steps:

1. Seek medical attention: Even if you don't think you are seriously injured, it's important to get a medical evaluation after a car accident. Some injuries, such as whiplash or concussions, may not be immediately apparent.

2. Call the police: It's important to call the police to report the accident, even if the other driver was not seriously injured. The police will be able to investigate the accident and determine who was at fault. They will also be able to determine if the other driver was under the influence of alcohol or drugs, which is a crime.

3. Document the scene: If it's safe to do so, take pictures of the accident scene, including any damage to your vehicle and the other driver's vehicle, as well as any skid marks or other evidence. Write down the names and contact information of any witnesses to the accident.

4. Gather evidence: Collect any other evidence you have, such as your insurance information, the other driver's insurance information, and any documentation of your injuries or damages.

5. Contact your insurance company: Inform your insurance company about the accident as soon as possible. If the other driver was drunk, you may be able to file a claim under your uninsured or underinsured motorist coverage.

6. Consult with a rear-end accident attorney: If you were seriously injured or suffered significant damages as a result of the accident, it's a good idea to consult with a personal injury attorney. An attorney can help you understand your rights and options, and can assist you in pursuing a claim for damages against the other driver or their insurance company.

If you are no longer at the scene of the accident, there are still steps you can take to protect your health and your rights. Such steps include:

• Schedule a follow-up appointment with a doctor. Many rear-end accident injuries, including whiplash and concussions, have delayed symptoms that take hours or days to develop.
• Get a copy of your accident report filled out by the investigating police officer. Carefully review this report and make sure it’s accurate. Any mistake, no matter how minor, could jeopardize your rear-end accident claim.
• If you have not already done so, call an attorney. Drunk driving accidents often quickly turn into complicated legal cases. This is why you need a rear-end accident lawyer on your side, looking out for your best interests.

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In most cases, your insurance rates will not go up if you are hit by a drunk driver. This is because being involved in an accident that is not your fault is generally not considered to be a "moving violation" and will not have an impact on your insurance rates.

However, if you file a claim with your insurance companies for damages resulting from the accident, your insurance company may decide to increase your rates. Insurance companies often use a variety of factors to determine premiums, including the number and frequency of claims made by policyholders. If you make a claim for damages, your insurance company may consider this when determining your premiums.

It's important to keep in mind that every insurance company is different, and the impact of an accident on your insurance rates will depend on a variety of factors, including your driving history, the type of coverage you have, and the specific terms of your policy. It's a good idea to discuss your situation with your insurance company or agent to get a better understanding of how the accident may affect your rates.

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In most cases, you can file a lawsuit against the drunk driver who caused your rear-end accident. Depending on the circumstances, you may also be able to sue the bar or restaurant that served alcohol to the drunk driver. These cases are known as “dram shop” claims. The dram shop laws vary widely from state to state, so be sure to contact an attorney in your state who can explain your options.

If you are able to prove that the other driver was at fault, you may be able to recover damages for your injuries or damages, including medical expenses, lost wages, and other economic damages, as well as non-economic damages, such as pain and suffering. It's important to keep in mind that personal injury lawsuits can be complex and time-consuming, and it's generally a good idea to work with an experienced rear-end accident attorney who can help you navigate the legal process and maximize your chances of success.

Remember, the standard of proof is lower in civil court, so you can still sue a drunk driver for damages even if they aren’t convicted of DUI.

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There’s no set dollar amount when it comes to rear-end accidents caused by drunk drivers. One injury victim might receive thousands of dollars in one settlement offer. Another person might receive significantly more for a similar accident. This is why average injury payouts can range from as low as $2,000 to $50,000 or much higher if injuries are severe. 

The bottom line is you should be financially compensated for all your accident-related expenses. And such expenses should include future, anticipated expenses related to your rear-end collision. If you need follow-up surgery or long-term physical therapy due to chronic pain, your settlement offer should take such anticipated expenses into account.

Unfortunately, many insurance companies play games and try to pay injury victims far less than what they rightfully deserve. Lowball settlement offers are especially common when it comes to rear-end accidents. That’s because some insurance companies claim that such accidents are minor and not that serious.

You know the truth. That’s why it’s important to have an experienced rear-end drunk driving accident lawyer on your side, looking out for your best interests. A Law.com Premier Attorney listed on this website can meet with you, free of charge. They can review your case, answer your questions and explain your legal options.

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