When a person has been injured in a drunk driving accident, it should be a given that the case will settle quickly. Unfortunately, insurance companies do their best to deny accident victims the financial compensation they deserve, even in these situations. If you have been injured by a drunk driving, an Atlanta, GA drunk driving accident lawyer from The Law Offices Of Andrew Lynch will fight to make sure you get the damages you are entitled to.
In a drunk driving accident case, your lawyer will follow a series of steps to prove liability and secure compensation. The process involves gathering evidence, establishing negligence, and building a strong case that can hold the at-fault party accountable.
Initial Consultation And Case Evaluation
At your first meeting, your lawyer will discuss the details of the accident with you. This includes collecting information about the accident, the injuries sustained, and the circumstances surrounding the event. They will assess whether the case has merit and if there is a clear indication of the defendant’s intoxication at the time of the accident. During this consultation, they will also explain the legal process and the potential outcomes of the case.
Gathering Evidence
Proving that the other driver was drunk is a critical part of the case. Your lawyer will start by gathering all available evidence. This includes:
- Police Reports: Your lawyer will obtain the police report, which may include information on the driver’s behavior at the scene, any signs of intoxication, and the results of field sobriety tests or breathalyzer tests.
- Witness Statements: Statements from witnesses can provide crucial details about the driver’s actions before and after the accident. Witnesses who saw the driver swerving, speeding, or acting erratically can help establish intoxication.
- Surveillance Video: If available, surveillance footage from nearby businesses or traffic cameras can provide visual evidence of the driver’s behavior.
- Medical Records: Your lawyer will obtain your medical records to document the extent of the injuries and any long-term effects. This helps demonstrate the severity of the accident’s impact on your life.
- Toxicology Reports: If the driver was arrested, toxicology reports will indicate their blood alcohol concentration (BAC) at the time of the accident. A BAC of 0.08% or higher is legally considered intoxicated in many states, but even a lower BAC can be significant in showing impairment.
Establishing Negligence
In any personal injury case, the lawyer must prove that the defendant was negligent and caused the accident. For drunk driving accidents, negligence is often straightforward to establish because driving under the influence is illegal and inherently dangerous. However, your lawyer still needs to demonstrate:
- Duty of Care: The driver had a duty to drive safely and responsibly.
- Breach of Duty: Driving while intoxicated is a breach of that duty.
- Causation: The intoxicated driver’s actions directly caused the accident and your injuries.
- Damages: You suffered harm, whether in the form of medical bills, lost wages, pain and suffering, or emotional distress.
Building The Case For Compensation
Once negligence is established, your lawyer will build a case to secure compensation for the victim. This includes calculating the total damages, which can include:
- Medical Expenses: Both current and future medical costs related to the injuries.
- Lost Wages: Compensation for any lost income due to the inability to work after the accident.
- Pain and Suffering: Non-economic damages for the physical and emotional toll the injuries have taken.
- Punitive Damages: In cases of gross negligence, such as extreme drunk driving behavior, the lawyer may seek punitive damages to punish the driver and deter similar actions in the future.
Filing A Lawsuit And Trial
If the case cannot be settled out of court, your lawyer will file a lawsuit and take the case to trial. During the trial, they will present the evidence, call witnesses, and argue the case before a judge and jury. In drunk driving cases, presenting evidence of intoxication, such as blood alcohol levels, witness testimony, and the defendant’s behavior, can significantly impact the outcome.
Let Our Personal Injury Law Firm Help
If you or a loved one have suffered injuries in a drunk driving accident, call The Law Offices Of Andrew Lynch today to schedule a free and confidential consultation and learn what legal recourse you may have against the driver who caused the crash.
