Drunk Driving F.A.Q.’s

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1. If a driver is under the influence of drugs instead of alcohol, does that affect the types of damages that can be collected by the injured party?

No, the law does not differentiate between alcohol and drugs. “D.U.I.” means driving under the influence, which includes alcohol, illegal drugs, or legal drugs.

2. Who can pursue damages in an accident involving a drunk driver?

Any person who is injured by a drunk driver, or the survivors of someone who was killed by a drunk driver, can bring a lawsuit against the driver and anyone else that might have contributed to the accident.

3. What if the person who injured me was found to be driving under the influence, but I’ve been told my actions might have caused the accident as well. Can I still bring a lawsuit against that person?

In general, yes, you can still pursue damages. This is assuming the D.U.I. driver is more at fault than you are in causing the accident. In the states of WV, OH, PA, there is a comparative negligence statute which allows a person to sue any responsible party even if you were partially at fault in the accident. However, your damage award may be reduced by the percentage of your own negligence.

5. How impaired must a driver be for there to be a presumption under the law that the defendant was negligent?

It must be established that the driver’s physical or mental abilities were so impaired by the drug or alcohol use that they could not drive with the caution or ability of a person of ordinary prudence and skill in similar circumstances. Anyone driving under the influence of alcohol or another substance, who causes an accident, is considered negligent.

6. What damages can be recovered in a wrongful death or serious personal injury case as a result of a driver who is considered to be under the influence?

Under law, the injured party is entitled to recover past and future medical expenses; past and future loss of income and earning capacity; and past and future pain, suffering and emotional distress. The victim may also recover punitive damages as well. In cases where the victim dies as a result of the accident, a wrongful death claim can be pursued on behalf of the deceased’s estate. The victim’s family would be entitled to recover damages to compensate for monetary losses as well as emotional distress, loss of companionship, comfort and care, and possibly punitive damages.

7. Is there a difference in case value of a claim involving a drunk driver and an accident claim involving someone that wasn’t under the influence?

Yes, there is a significant difference. While there is no set calculation, if you take two cases with the same facts, and one of those cases involves injuries caused by a drunk driver, the case with the drunk driver will more than likely be valued more than the other scenario. Depending on the circumstances, the case involving a drunk driver may be worth many more times the value of a similar case when a drunk driver is not involved.

8. What are the chances that my injury case against a drunk driver will settle out of court?

Your chances are very good. The majority of drunk driving claims involving injury or death settle without the need to go to trial. One of the reasons is that insurance companies do not want to try cases in which their insured has been driving under the influence because of the potential for large verdicts. Knowing this, attorneys can oftentimes use this information to their advantage when negotiating a settlement offer for their clients. However, the decision on whether to accept a settlement offer or proceed to trial is always up to the client.

9. If a bar serves only one drink to a person, and that person leaves and causes an accident, can the bar be held liable?

It’s not so much a matter of how many drinks the person has consumed, but how the alcohol has affected that person. If the bar employee served an already visibly intoxicated person, then the bar can be held responsible. If you feel a bar or another establishment played a role in a drunk driving accident, it is important you contact an attorney immediately. Proving intoxication of a bar patron often requires eyewitness testimony of other patrons or bar employees. An attorney will help locate and interview witnesses, and obtain witness statements while they still remember what happened.

10. Can you explain “dram shop” law?

If you or a family member were injured as a result of a drunk driver who went bar-hopping, or were assaulted as a bystander by a drunk patron, you may have a right to sue the bar under what are called “dram shop” laws.
Dram shop liability laws hold that establishments are responsible for the dangerous actions of an intoxicated person when they have illegally sold liquor to that person. Aside from bars, establishments can also include restaurants, social clubs, and sometimes private events where liquor is sold.
While selling alcohol to an obviously intoxicated person is the most common dram shop violation, the illegal sale of intoxicating beverages can take other forms, such as, selling liquor without a license, selling liquor after hours, or selling liquor to a minor.

11. I received a call from the insurance company and they told me I needed to sign some papers before they could submit my claim. How do I know what papers I should sign and shouldn’t sign?

Unless you are familiar with insurance law, it is unreasonable for you to know what you should sign and what you shouldn’t sign. The safe thing to do is not to sign or say anything to the insurance adjuster before speaking with an attorney. Signing or saying something you shouldn’t might significantly affect the value of your claim and limit your rights to pursue a claim. Insurance adjusters work for the insurance company, not you. They get paid to minimize the value of claims, and are very knowledgeable of the laws and know how to work the system. This puts you at a disadvantage. An experienced attorney understands the law and will deal with the insurance company so you don’t have to. If you’re worried that you’ve signed something you shouldn’t have, you should contact an attorney to make sure you haven’t signed away your rights to pursue a claim.

12. What if I can’t afford an attorney?

Most attorneys work on a contingent fee basis. This means that you will not be charged a fee unless a settlement or judgment is recovered on your behalf. If a recovery is made, then the attorney fees come out of a pre-agreed upon percentage of the gross amount recovered. We also advance the costs associated with investigating your case, including the cost of obtaining police, medical, and other records that are necessary to successfully represent your claim. You are responsible for these costs only if money is collected for you. Our firm charges a 33 1/3 % contingent fee on personal injury cases, while other law firms are known to charge anywhere from 35% to 50% and may apply additional expenses if the matter goes into litigation. Different fees may be charged for different types of cases, such as medical malpractice and social security, and you should contact an attorney to discuss these fees.

13. What is my case worth?

This is probably the question that attorneys hear the most. Before an accurate determination as to the value of a case can be made, it is necessary to review all available information about your case, including medical records, police reports, lost wages, and medical progress. Your case may also warrant compensation for the potential of future impairment, future lost wages, ongoing treatment, and pain and suffering. Although every case is different, an attorney may be able to analyze your case based on prior similar injuries and circumstances of past cases. An attorney who states that your case is worth a certain dollar amount without adequately investigating your claim is performing you a disservice. A mistake that we often see is that victims tend to wait for weeks after the accident before contacting an attorney. It is very important that an attorney be contacted within a reasonable time after an accident so valuable information is not lost, which may lead to reducing the value of your claim.

14. When is the right time to accept a settlement offer?

Accepting a settlement offer can be a difficult decision. You should understand that once the matter is settled, the case is closed. One of our primary concerns is to help get our client the medical treatment necessary to make a full recovery, or as much of a recovery as possible from the injuries sustained in the accident. Only when a position is reached where doctors can reasonably determine the full extent of our client’s injuries, is it the appropriate time to entertain a settlement offer. Accepting an offer beforehand can place a financial burden on our client and their family for years to come.

As you may know, many insurance companies like to settle cases as quickly as possible, with hopes of paying the victim less compensation than what they should receive. That is their job. For this reason, our firm does not practice accepting “quick settlement” offers. Although we will provide you with the information regarding the fairness of the offer, the final decision to accept an offer is yours.

15. Should I release my medical records to the insurance company?

In order to make sure your rights are being protected, releases should only be signed under limited circumstances and only after consulting with an attorney. This is especially true with cases involving serious injury or death. Releasing information to the insurance company could hurt your case.

16. I received a call from the insurance company and they asked me to provide a statement about my accident. Should I?

The more significant the injuries, the more consideration should be given to consulting with an attorney before giving any information to the insurance company. Any information you give to the insurance company can be used against you, and may limit your rights to pursue a claim. An attorney will know what information to share with the insurance company in order to protect your rights to pursue a claim.

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