When you or your loved one is drunk or using drugs and is the victim of an accident while driving drunk, you will be affected emotionally, physically, and financially. As for the injured victim or family member, the first thing to do is take care of what needs to be done. A driving accident is unexpected, so you never know what will happen.
The victim of the accident needs to heal, and those who the drunk driver injured need to pay for it. The victim will look for a good lawyer who can help him. The case is not forever. It is advisable to take immediate action after your accident to hire an attorney and file a case. Waiting shouldn’t cost you the chance to get a settlement.
Should Be Done After The Accident Occurs.
After your accident, look for as much evidence as possible to help support your case.
Verify first that neither you nor anyone nearby requires urgent medical attention. Call emergency medical services if someone needs treatment quickly
Don’t try to mess with or fight the driver if you believe they were drunk when they hit you. A person is not in his right mind when he is drunk. Also, don’t get into a fight with a drunk or experience anger while driving due to an accident. Try following these instead:
- Call the Police
When the police arrive, they will search for information on the victim and the driver who was drunk while driving. They will make a list of the accidents and arrest the drunk driver.
- Take pictures
You can use your mobile phone or camera to take photos. Photos can be used as evidence. Take photos of the scene where you had an accident, the injuries you sustained, and the damage to your car.
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3. Get a witness
Getting a witness to the accident is helpful. You can ask them for statements on the accident and request that they write down their statements with signatures. Their statement is very powerful and effective evidence.
4. Go to the Hospital
Go to the hospital as soon as possible. Once your injuries are treated, request copies of your medical records and any bills you receive. You can use the medical record as evidence of your physical injuries; the bill is for your expenses.
5. Drunk Driving Accident Lawyer’s Help
A drunk driving accident lawyer myrtle beach represents victims of incidents involving drunk driving who seek financial compensation. Some lawyers help victims and their families. They will no longer have difficulty defending themselves. The legal team is knowledgeable about the procedures required to hold the offender responsible and guarantee that the victim receives enough financial reparation.
What Must You Prove To Recover Damages From A Drunk Driver?
Intoxication:
The motorist was found to have a high blood alcohol concentration (BAC) at the time of the accident.
Witnesses observed erratic driving behavior, such as swerving and difficulty maintaining lane position, indicating possible intoxication.
Law enforcement officials conducted sobriety tests on the motorist, further confirming their impaired state.
Drug Use:
Subsequent investigations revealed the presence of illicit drugs in the motorist’s system, suggesting drug use prior to the accident.
The use of drugs can impair cognitive functions, reaction times, and overall driving ability, potentially contributing to the collision.
Legal Limit:
The motorist exceeded the legal limit for alcohol consumption while operating a motor vehicle, as established by local laws and regulations.
Driving over the legal limit violates traffic laws and poses a significant risk to both the driver and other road users.
Contribution to the Collision:
The motorist’s impaired state due to intoxication, drug use, or driving over the legal limit played a role in the occurrence of the collision.
Intoxicated driving can lead to diminished judgment, slower reflexes, reduced coordination, and impaired decision-making, making it more likely for accidents to happen.
The motorist’s impaired driving behaviors, such as erratic maneuvers or failure to adhere to traffic rules, may have caused or contributed to the collision.
Injuries to the Victim:
As a result of the collision, the victim sustained various injuries, which can include but are not limited to fractures, contusions, lacerations, internal injuries, or head trauma.
The severity of the injuries can range from minor to life-threatening, depending on the
circumstances of the accident. To recover fully, the victim may require medical treatment, including emergency care, surgeries, physical therapy, or long-term rehabilitation.
Damages:
The collision resulted in damage to both vehicles involved, including structural damage, broken parts, or total loss.
There may also be property damage to surrounding structures, road signs, or other objects.
The victim may also experience non-vehicular damages, such as emotional distress, pain, and suffering, loss of enjoyment of life, or medical expenses.
To Receive Liability For A Drunk Driver, You Must Prove:
Victims of drunk driving can file lawsuits for lost money and lost income. Additionally, they can request punishment because of the offender’s behavior.
The damages for a victim of drunk driving could consist of:
Medical Expenses:
The victim may incur significant medical expenses to treat their injuries, including emergency care, hospitalization, surgeries, medication, rehabilitation, and ongoing therapy. These costs can quickly accumulate and place a financial burden on the victim.
Property Damage:
In addition to personal injuries, the victim’s vehicle or other property may have been damaged in the collision. The cost of repairs or replacement of the damaged property can be included in the damages sought.
Lost Wages:
If the victim cannot work due to their injuries, they may experience a loss of income. This includes wages lost during hospitalization, recovery period, or time off for medical appointments. The victim can seek compensation for the income they would have earned if not for the accident.
Pain and Suffering:
The victim may experience physical pain, emotional distress, and psychological trauma due to the accident and their injuries. Compensation for pain and suffering is intended to address the non-economic impact of the accident on the victim’s well-being and quality of life.
Loss of Consortium:
If the victim’s injuries affect their relationship with their spouse or partner, the spouse or partner may be entitled to damages for the loss of companionship, affection, and intimacy resulting from the accident.
Punitive Damages:
In some cases, punitive damages may be awarded to the victim to punish the intoxicated driver for their reckless behavior and deter others from engaging in similar conduct. These damages go beyond compensating the victim and aim to discourage future instances of drunk driving.
Attorney For Victim Of Drunk Driving Accident
An under-the-Influence driver who causes an accident may be charged with a crime. Criminal accusations are meant to make the person who committed the crime accountable to society. The criminal procedure may result in some compensation for you, but the victim’s compensation is not the main focus of the process. Payment is restricted, and pain and suffering damages are not allowed.
To file a civil claim, you need help from an attorney. A civil drunk driving claim seeks to establish the amount of damages the person who committed the crime pays the victim. In your claim, you have the right to seek the full range of damages, such as lost wages, pain and suffering, future medical expenses, and other related costs.
The civil claim is under your and your attorney’s control. You can decide which evidence to provide and whether to accept any settlement offers. Give our attorneys a chance to explain how a civil claim works and how they can help you get justice.
Stay and wait until the legal procedures are complete
You must contact the legal team immediately. There are requirements for filing a complaint, even during ongoing criminal investigations. You should monitor the progress of the criminal case, but you should be aware that you can still pursue your claim even if the accuser enters an agreement of guilt or is declared innocent after the hearing. Drunk driving accident attorneys will closely monitor the criminal process as we prepare your civil claim.
Ways to Ease the Recovery Process After a Car Accident
One of the most important things a person should do after suffering injuries in a car accident is to seek medical attention. Even if you do not feel injured, it is important to have a doctor examine you to figure out any internal injuries. Neck and head injuries are frequently sustained by those involved in car accidents. After a car accident, recovery may take some time.
You should also consider how to heal from potential non-physical injuries sustained in accidents. After a car accident, many people experience mental trauma in addition to bone or muscular pain. This may involve problems like anxiety, sadness, or the emergence of a severe driving phobia. Recovering from psychological trauma after an accident can be difficult, but with the right time and care, you can get well and regain your confidence while driving.
Conclusion
Seek medical attention for treatment if you are in a car accident. Medical specialists are experts who can aid in hastening your recovery. Get an experienced DUI lawyer to assist you. Additionally, it’s crucial to refrain from ingesting alcohol when driving.
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