A drunk driver hit and severely injured you. Usually, you would file a claim with the other driver’s insurance for payment for medical bills and other losses. What do you do if the drunk driver was working at the time of the incident? Such cases are more complex than others, and you should retain a personal injury attorney to review your case. You can locate a skilled drunk driving accident attorney in your community today.

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Drunk Driving Accident Overview

Drunk driving accidents occur when a driver operates a vehicle while impaired by alcohol or drugs, leading to impaired judgment, reduced reaction times, and reckless behavior. Most state laws define driving under the influence as having a blood alcohol concentration of 0.08 (Utah is .05)  percent or higher for adults.

These accidents are preventable, but remain a significant issue due to drivers disregarding the risks, causing collisions that result in injuries, fatalities, and property damage. Understanding how these crashes happen can help victims build stronger cases and raise awareness to prevent future incidents.

Impaired Judgment

Impaired judgment is a primary cause of drunk driving accidents. Alcohol affects cognitive functions, making it difficult for drivers to assess risks, follow traffic rules, or make sound decisions. For example, a drunk driver may misjudge the distance to another vehicle, run a red light, or fail to yield, leading to collisions. Common crash types include rear-end collisions, head-on crashes, and sideswipes, often occurring at night or on weekends when alcohol consumption is higher. Police reports and toxicology tests are critical for proving impairment in these cases.

Reduced Reaction Times

Reduced reaction times contribute significantly to drunk driving accidents. Alcohol slows a driver’s ability to respond to sudden changes, such as a pedestrian crossing or a vehicle braking. This delay can turn minor traffic situations into severe crashes. In Georgia, for example, highways like I-85 or I-285 see frequent DUI-related accidents due to high speeds amplifying the consequences of delayed reactions. Drivers under the influence may also overcorrect or fail to manage curves, increasing the likelihood of single-vehicle crashes into guardrails or trees.

Reckless Driving

Reckless behavior, such as speeding or weaving through traffic, is another factor. Alcohol lowers inhibitions, leading some drivers to take dangerous risks. Drunk drivers often cause accidents by tailgating, ignoring stop signs, or driving on the wrong side of the road. These actions endanger not only the driver but also other motorists, pedestrians, and cyclists. Evidence, such as dashcam footage or witness statements, can help establish recklessness, supporting claims for punitive damages in civil cases.

Poor Road Conditions

External factors can exacerbate drunk driving accidents. Poor road conditions, like unlit rural roads combined with impairment, increase crash risks. Social settings, such as bars or events, may contribute to overserving alcohol if establishments violate state laws. Additionally, drivers may consume alcohol at work-related events, and if they cause an accident while on duty, their employer could share liability. Investigating these factors with the help of an attorney ensures all responsible parties are held accountable.

Who May Be Liable For My Drunk Driving Accident?

In a drunk driving accident several parties may be liable for your injuries and damages, depending on the circumstances. Identifying all potentially responsible parties is critical to maximizing your compensation. An experienced personal injury attorney can help investigate the accident, gather evidence, and determine who shares liability based on the local laws.

The Driver

The most obvious liable party is the drunk driver. If the driver was under the influence of alcohol or drugs, exceeding the legal blood alcohol concentration limit, they can be held responsible for your injuries. Their negligence, as proven through police reports, breathalyzer results, or witness statements, makes them liable for compensatory damages, including medical bills, lost income, and pain and suffering. If their actions were particularly reckless, punitive damages may also apply to punish their behavior.

Bar, Nightclub, Or Liquor Store

As an example, Georgia’s dram shop laws allow liability to extend to establishments that serve alcohol. Bars, restaurants, or liquor stores that knowingly serve alcohol to a visibly intoxicated person or a minor who later causes an accident may be held accountable. For example, if a bartender continued serving drinks to someone who was drunk and then caused your accident, the establishment could share liability. Proving this requires evidence such as receipts, surveillance footage, or witness testimony that shows the driver’s intoxication at the time of service.

Employer

In some cases, a third party, such as the driver’s employer, may be liable. If the drunk driver was operating a company vehicle or acting within the scope of their employment during the accident, the employer could be held responsible under vicarious liability. This applies if the employer failed to enforce policies against drinking and driving or negligently entrusted the vehicle to an unfit driver. However, this is less common in personal drunk driving cases.

Car Or Part Manufacturer

If the accident involved a defective vehicle component, such as faulty brakes or tires, the manufacturer or distributor could share liability. Product liability claims arise when a defect directly contributes to the crash or worsens your injuries. Similarly, if poor road conditions, such as missing signs or hazardous designs, played a role, a government entity responsible for road maintenance might be liable.

Social Hosts

Social hosts may also be liable under certain conditions. If the drunk driver was served alcohol at a private event and the host knowingly provided drinks to an intoxicated guest or a minor, they could face liability. This is harder to prove, but it may apply in cases involving underage drivers. Additionally, if the driver’s insurance is insufficient, your own uninsured or underinsured motorist coverage may compensate you, though this is not a liability on another party but rather a safety net for you.

What To Do If a Drunk Driver Was Working

Was the drunk driver working when they hit you? Ensure that you take the following actions and inform your personal injury attorney. Your attorney will determine if the driver was working when the crash happened, which may influence your compensation:

Report the Accident

First, report the accident to the police as soon as possible. A detailed police report documenting the driver’s intoxication, through breathalyzer results or field sobriety tests, is critical evidence. Obtain contact information from witnesses and take photos of the scene, as well as your injuries and vehicle damage if possible. Prompt reporting ensures that the driver’s blood alcohol concentration is tested, which is essential for proving their impairment and establishing liability, especially since they were working at the time of the incident.

Seek Medical Attention

Seek medical attention as soon as possible, even if injuries seem minor. Medical records will document the extent of your injuries and link them to the accident, which is vital for your claim. Delaying treatment can weaken your case, as insurance companies may argue your injuries were not caused by the crash. Keep detailed records of all medical bills, treatments, and time missed from work, as these will support your claim for compensatory damages like medical expenses and lost earnings.

Notify Your Insurance

Notify your insurance company about the accident, but avoid giving detailed statements until you consult an attorney. Insurance adjusters may minimize payouts, especially in complex cases involving an employed driver. If the driver’s insurance coverage is insufficient, your uninsured or underinsured motorist coverage may apply, providing additional compensation. Be cautious about accepting early settlement offers, as they often undervalue your claim, especially when multiple parties may be liable.

Employer Liability

Since the driver was working, their employer may be liable under vicarious liability laws. If the driver was acting within the scope of their employment—such as delivering goods, driving a company vehicle, or performing job-related tasks—the employer could be responsible for damages. You need to prove the driver was on duty, which may involve obtaining employment records, work schedules, or vehicle logs. A drunk driving accident attorney can investigate whether the employer failed to enforce policies against drinking and driving or negligently hired a driver with a history of DUIs.

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What Is My Drunk Driving Injury Claim Worth?

Determining the worth of a drunk driving injury claim depends on several factors specific to your case. The value is influenced by the severity of your injuries, medical expenses, lost income, and the emotional impact of the accident. Each case is unique, and settlements can range widely, based on the circumstances. Consulting an experienced personal injury attorney is critical to assess your claim accurately and maximize your compensation.

Economic Damages

Compensatory damages encompass economic losses, including medical bills, property damage, and lost income. These are calculated based on verifiable costs, such as hospital stays, surgeries, or vehicle repairs. Your attorney will work with subject matter experts to learn what your approximate economic losses are.

Non-Economic Damages

Non-economic damages, such as pain and suffering, address emotional distress and the reduced quality of life. In Georgia, for example, there is no cap on compensatory damages, meaning you can recover the full extent of these losses if proven. Severe injuries, such as traumatic brain injuries or spinal damage, often lead to higher settlements due to long-term effects.

Punitive Damages

Punitive damages may also apply in drunk driving cases. These are designed to punish the driver for reckless behavior and deter future misconduct. Some states, such as Georgia, cap punitive damages at $250,000, but this limit does not apply in cases of willful misconduct, such as drunk driving. Courts often award punitive damages in DUI cases due to the egregious nature of the offense, potentially increasing your settlement significantly. However, most punitive damages go to the state, not the victim.

Dram Shop Laws

Dram shop laws allow you to pursue claims against bars or restaurants that served alcohol to a visibly intoxicated driver. Proving the establishment’s negligence can be challenging, but it may increase your settlement by adding another liable party. Insurance coverage also plays a role. Some states require drivers to carry a minimum liability insurance policy of $ 25,000 per person for bodily injury and $ 25,000 for property damage. If the driver’s coverage is insufficient, your uninsured or underinsured motorist coverage may help.

The statute of limitations generally gives you between two and three years from the accident date to file a personal injury claim. Each state is different. For wrongful death claims, the limit may be different than general injury. If the drunk driver faces criminal charges, the civil claim deadline may be suspended until the criminal case is resolved. Acting promptly and hiring a skilled drunk driving accident attorney ensures evidence is preserved and your claim is filed on time, strengthening your case for a fair settlement.

Why You Should Retain A Drunk Driving Accident Lawyer Now

Retaining a drunk driving accident attorney immediately after a drunk driving accident, especially when employer liability may be involved, is critical to protecting your rights and maximizing your compensation. These cases are complex, involving multiple liable parties, strict deadlines, and intricate legal standards. A skilled auto accident attorney can manage local and state laws, gather evidence, and build a strong case to hold both the drunk driver and their employer accountable. Acting quickly ensures that your claim is preserved and strengthens your chances of a fair settlement.

A drunk driving accident lawyer understands the legal framework, including vicarious liability, which can implicate an employer if the drunk driver was working at the time of the crash. If the driver was performing job-related tasks, such as making deliveries or driving a company vehicle, the employer may be liable for damages. Proving this requires evidence like work schedules, vehicle logs, or employment contracts, which an attorney can obtain through discovery. Without legal skill, you risk missing this opportunity to pursue additional compensation from the employer’s deeper financial resources.

Contact A Drunk Driving Accident Lawyer Now

Did a drunk driver hit and injure you, and were they driving a work vehicle? You should retain a personal injury attorney today to sue the driver and possibly their employer. Talk to a drunk driving accident lawyer in your community today to learn more.

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