Most accidents are totally unintentional. Even the best drivers can fall victim to a temporary lapse in attention or make an error when driving. However, when an accident involves an intoxicated driver, things are different. It can be extra traumatic knowing that the pain and suffering you endured could have so easily been avoided if only the driver was not drunk. When it comes to this type of accident, some aspects of the case are slightly different. Read on and learn more.
Understanding Fault
Few issues are more important after an accident than liability. The driver identified as causing the accident is responsible for the damages to both parties. In most cases, the insurance company for the at-fault driver will cover the damages. While that seldom changes when the other driver is found to have been intoxicated, it does make things clearer when it comes to assigning fault. In all but the rarest of cases, the intoxicated driver is probably also the driver that caused the accident. For the victim, that fact allows at least one major issue to be resolved quickly.
Understanding Criminal Charges
In most cases, the intoxicated driver will be arrested once they are released from medical care. You can learn about the accident and any associated charges or traffic tickets by accessing the accident report. In many states, you can also access the criminal record of the driver to learn more about their charges. In other states, your personal injury lawyer will subpoena the police department for the records of the drunk driver.
The driver will eventually face driving under the influence (DUI) charges. The conviction of the driver may or may not affect your case, however. One issue that could affect your personal injury case, though, is criminal victim restitution. Some courts make financial payments to victims part of the punishment. If the driver is convicted of DUI or other charges related to the accident, they could be ordered to make payments to you and anyone else injured by the driver.
These payments are meant to cover things like medical bills, funeral expenses, lost wages, and lost personal property. These sorts of payments can cross over and affect some categories of your personal injury case. In some cases, the payment of victim restitution payments could decrease the total amount you are due from your personal injury case.
This issue could affect your compensation from the accident. Speak to a business such as Farrar Hennesy & Tanner LLC to find out more about how a drunk driving case could impact your personal injury case.
