DUI

What is a DUI?

Driving Under the Influence of alcohol or a controlled substance is illegal. Every state in the country, as well as the District of Columbia make it a crime to drive with a blood alcohol content at or above 0.08 percent. This is true whether the driver is operating the motor vehicle on a highway, street, or shopping center parking lot. The punishment for driving under the influence can be quite severe, including the loss of your license and a substantial fine. Jail time is not out of the question. If you have been the victim of a driver who was driving under the influence and you or a loved one has been injured, you are not concerned with what kind of punishment the driver is likely to receive from the criminal system. You are likely more concerned with how the existence of the DUI will affect your ability to obtain recompense from the driver. Back to top.

Does a Driver's Arrest for a DUI Affect His Victim's Ability to Obtain Recompense?

The question of who is at fault in an accident is probably the most important aspect of any car accident claim. Fault is determined by negligence. The person at fault is the person whose negligence is responsible for causing the accident. Usually, it is the person at fault who must pay for the damage he or she caused by acting negligently. A person who is under the influence of alcohol is almost presumed to be careless. Sometimes, it is not clear whose was negligent or whose negligence caused a car accident. Sometimes, more than one person was negligent and there is shared fault. In that case, fault is apportioned between the negligent persons, depending on their contribution to the cause of the accident. As such, it is important to retain an experienced lawyer who is skilled at ferreting out the true cause of an accident and showing that a person who was under the influence of alcohol or a controlled substance at the time of the accident was unable to control his vehicle and caused the accident. The lawyers at Brown & Szaller are experienced at establishing that a driver who has received a DUI was the responsible party in an accident. Back to top.

Punitive Damages

Drivers who drive while intoxicated can be sued for punitive damages or damages above and beyond compensation to the injured person in order to punish the offender. This threat usually results in favorable insurance settlements because insurance companies do not want to expose their insured to personal damages beyond insurance coverage. Back to top.

What Should I Do if I am Injured in an Auto Accident by a Driver Under the Influence?

The first thing you need to do, assuming you are not rushed off to the hospital with life-threatening injuries, is to take stock of the situation. In other words, you need to gather evidence, talk to witnesses, take photographs with your cell phone camera, document the condition of the driver, and write down all important information. Back to top.

Should I Contact a Lawyer if a Loved One is Injured in a Car Accident?

It is important to seek legal assistance from a lawyer with experience in the type of injury your loved one has sustained as soon as possible after the accident. Your lawyer will need time to obtain witness statements and gather a variety of information that is necessary to prosecute your case. The earlier you contact a lawyer, the greater your chance of obtaining a strong recovery either through settlement or if you have to file a lawsuit for compensation. With adequate time, an experienced lawyer can strengthen the case, emphasizing favorable facts while fortifying weaknesses in the case.

An experienced lawyer will know the general contours of information required to strengthen your claim for compensation. Thus, you increase the likelihood that you will prevail in your case and you increase the amount of compensation you are likely to recover by retaining a lawyer with experience in auto accident cases. An experienced lawyer, such as those at the Brown & Szaller law firm, will meet with you, listen to what you have to say, explain your legal options, gather the critical facts, obtain and review medical reports and witness statements, and help you decide upon the best course of action. Brown and Szaller lawyers will guide you through a complicated process involving insurance issues, pay back (subrogation), the amount of coverage and whether your own coverage applies. Do not trust the at fault parties insurance carrier. Brown and Szaller has handled numerous car accident cases to successful conclusion.

The lawyers at Brown & Szaller will meet with you for a free initial consultation. Even if you are unsure whether you have a claim for compensation we will discuss the facts of the case and your options and together determine the viability of your case with no up-front charge. Back to top.

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