Injuries Sustained in Drunk Driving Accidents
If you were hurt in a DWI accident, we strongly encourage you to speak with one of the drunk driving accident attorneys at Mama Justice. Although you were acting responsibly, someone else took it upon themselves to get behind the wheel of a car while they were cognitively and physically impaired. By doing so, they put you and those around you in danger. As often happens in drunk driving accidents, the at-fault driver walks away unharmed while you, your friends, or your family members are seriously or even fatally injured.
Some common injuries caused by drunk drivers include:
- Head trauma, including lacerations and contusions
- Back and neck injuries, such as whiplash
- Brain injuries, like a concussion or traumatic brain injuries
- Chest trauma, like cracked or broken ribs
- Spinal cord damage, including a partially or fully severed spinal cord which can cause paralysis
- Leg injuries, such as bone breaks and fractures
Pursuing an Alabama Drunk Driving Accident Claim
Alabama entitles victims of drunk driving accidents to pursue monetary compensation in the form of economic damages. This recovery, known as compensatory damages, falls under one of two general classifications:
- Economic Damages: These are damages that reflect the direct financial losses sustained by the victim, like medical expenses, lost income, diminished earning capacity, and property damage.
- Non-Economic Damages: These are damages that, while equally important, are much less intangible and harder to quantify. Examples include physical pain, suffering, emotional anguish, reduced quality of life, permanent disability, and disfigurement.
In a very limited of cases, punitive damages could be awarded. Also referred to as exemplary damages, punitive damages are not intended to provide compensation to the victim. Instead, they are meant to punish the at-fault party and act as a deterrent to them and others from committing a similar egregious action.
Punitive damages are very hard to get in a basic car accident case because victims have to prove the at-fault driver’s actions were malicious, willful, or grossly negligent. Where intoxicated drivers are concerned, however, punitive damages are typically more forthcoming because the driver’s actions are often reckless enough to make punitive damages appropriate.
It is crucial to keep in mind that for a civil claim for a DUI to be successful, you are not required to prove that the driver committed a criminal act. You only have to show that the crash occurred due to their reckless or negligent actions. So, even if the at-fault driver is never convicted for driving under the influence, they could still be held accountable for your accident.
Conversely, a driver being under the influence when your accident happened is no guarantee that you will successfully recover your losses from them. Alabama follows the laws of contributory negligence, meaning if the victim is found to have contributed to their accident, they may be unable to collect any compensation.
Insurance carriers are known for pushing back hard in DUI cases and often claim that the victim was at least partly to blame to avoid a large payout, which will hurt their company’s bottom line. This is just one of the myriad reasons why you must speak with a Huntsville drunk driving accident lawyer and make sure your rights are protected as soon as possible.
