Drunk Driving Accident Attorney: Get the Legal Help You Need

March 5 2023

You can search for lawyers who specialize in drunk driving cases in your area. It is important to find an attorney who has experience with these types of cases and is familiar with the specific laws in your state.

Drunken Driving Accident: What To Expect

When faced with a drunk driving accident, victims are often overwhelmed by the situation they find themselves in. While the laws vary from state to state, in general, victims of drunken driving accidents may be able to seek compensation for their losses in two ways: civil actions and criminal charges. Taking action against the driver responsible for the crash can help bring justice, closure and financial recovery.

Civil action is a private process that may be used when someone has suffered a wrong or unjustified loss as a result of another’s negligence, recklessness or lack of care. This could be argued in cases such as those involving a DUI. Depending on the severity of the incident and the results, victims of drunken driving accidents may sue for damages such as medical expenses, lost wages, pain and suffering, and property damage. The process can take time and can involve extensive negotiation among all parties involved.

The criminal process seeks to hold drivers responsible through public accountability. Penalties may include fines, jail time and revocation of license privileges. Prosecutors must prove beyond reasonable doubt that drivers acted negligently or with malicious intent while operating under the influence of alcohol at the time of the accident. A conviction may also strengthen an individual’s potential case against a driver during civil proceedings.

Ultimately, each situation is different and it can be difficult to determine which path to take without consulting an attorney. Victims should understand what options are available before deciding whether or not to pursue civil action or follow through with criminal proceedings. An experienced drunk driving accident attorney can advise you on which course of legal action is best suited to help you receive justice for your injury or losses due to a DUI-related accident.

No matter what route you decide to take, you should always seek legal advice from a lawyer who specializes in accident law. Next we will discuss Duty of Negligence- an important factor in determining fault and damages in drunk driving accidents..

Duty of Negligence

When it comes to the duty of negligence in drunk driving cases, there are two sides to the argument: those who see no or limited liability and those who see gross or strict liability. Under certain circumstances, a driver may be held accountable for their actions even if they took all necessary precautions to avoid an accident. This is known as gross negligence or strict liability, which can result in civil as well as criminal penalties for drivers who injure innocent bystanders or cause property damage.

On the other hand, those who believe that only minimal liability should be assigned to a driver in cases involving alcohol rely on defense tactics such as contributory negligence (that the injured party contributed in some way to the accident) and assumption of risk (that the injured party was aware of potential risks but chose to take part in risky activity). In these cases, victims must prove with substantial evidence that their injuries were solely caused by reckless and careless behavior on behalf of the driver.

Ultimately, establishing legal responsibility in drunk driving cases requires a thorough examination of all factors involved and can often require an experienced lawyer to provide comprehensive legal advice. It is essential for victims to understand their rights when taking legal action against a negligent driver. This section has discussed both sides of the debate when considering duty of negligence in drunk driving accidents. The following section will discuss the rights of victims when taking legal action against a negligent driver.

  • According to the Centers for Disease Control and Prevention, 28 people in the United States die each day due to a vehicle accident involving alcohol.
  • A 2020 study found that drivers with blood alcohol levels above the legal limit of 0.08% were 6 times more likely to be involved in an accident than sober drivers.
  • The same 2020 study estimated that 28 percent of all fatalities due to motor vehicle accidents are related to drunken driving.

Rights of Victims

The rights of victims in cases involving a drunk driving accident are incredibly important. Individuals injured due to the negligence of a driver who was impaired by alcohol have a legal right to pursue compensation for damages sustained. Victims of DUI accidents can sue the driver for medical expenses, lost wages, pain and suffering, and other damages. In some cases, victims may also be entitled to punitive damages if it can be proven that the intoxicated driver acted with malice or willful disregard for their potential to cause injury to another person.

Additionally, family members of those killed as a result of DUI may have the right to sue for wrongful death. The main objective in these instances is typically to obtain compensation for any funeral and burial costs as well as for any damage experienced by the family members due to the death of their family member. Furthermore, individuals suffering from PTSD or other mental health conditions secondary to the experience of the accident may be eligible for further financial relief.

It is important to keep in mind that state law may vary on this topic, so victims should seek legal advice so they understand their rights and possible routes of action in a court of law. Moreover, each case is unique and there may be complex legal issues and considerations involved in taking action against a drunk driver who caused an accident resulting in injuries and/or death.

For this reason, seeking an experienced drunken driving accident attorney is critical when attempting to obtain proper compensation for one’s losses after an accident caused by impaired driving.

Seeking an Experienced Drunken Driving Accident Attorney

There are certainly situations where it is necessary to seek legal help from an experienced drunken driving accident attorney. Drivers who are found guilty of drunk driving can face serious fines and jail time, so getting the right kind of representation is essential. An experienced lawyer who specializes in this field of law will be familiar with the local laws, statutes and court proceedings that apply in drunk driving cases, as well as have a good understanding of how insurance companies often handle these types of cases.

Additionally, an experienced attorney can provide important advice on what to expect from a trial, help negotiate favorable settlements and be able to accurately assess court costs associated with a given case. Of course, there may also be other factors to consider when seeking an experienced drunken driving accident attorney, such as cost or experience. Depending on the severity of the alleged offense and the circumstances surrounding it, some drivers may feel that their best interests are better served by a more affordable legal representative.

On the other hand, when faced with a DUI charge, many drivers choose to pay somewhat higher fees for more experienced legal professionals because in such cases even minor details can have major ramifications for people’s future. In either case, it’s important to understand all options before deciding to pursue any kind of legal action when involved in a drunk driving incident.

Having considered the potential benefits and drawbacks of seeking an experienced drunken driving accident attorney, it is now time to examine the services they can offer if you decide to retain their services.


An experienced drunken driving accident attorney has access to a range of services that can provide valuable assistance during all phases of your case. From pre-trial motions and negotiations with opposing counsel to litigating at trial and evaluating plea deals, they can provide comprehensive assistance before, during and after trial proceedings. The following section will explore these services in greater detail.

Services Offered

Services offered by a qualified and experienced drunk driving accident attorney can greatly benefit those who have been victims of a drunken driving mishap. The services provided by the attorney can range from legal assistance to investigating the accident, helping to obtain compensation from insurance companies in order to cover medical costs, lost wages, and other costs associated with the accident, and providing legal guidance throughout the entire process.

It is important to note that these services are not one-size-fits-all, as each case is unique and will require careful attention to details specific to the case in order to provide the best possible outcome. Some services include advising on filing claims with insurance companies, ensuring all paperwork is completed correctly and advising of any applicable laws which may protect their rights. In addition, the attorney can help to negotiate a settlement if necessary or take the case to court if required.

Drunken driving cases are often fraught with complexities due to the need to prove negligence by an impaired driver, establish damages suffered by the victim, and makes sure all applicable laws are followed. Therefore, it is essential for victims of these accidents to have a skilled and experienced lawyer working on their case as soon as possible after an incident has occurred.

Having swift access and ongoing support from a skilled attorney is essential for navigating through all avenues of a potential claim concerning neglect or wrongful damages caused on behalf of an intoxicated driver. Attorneys can also help victims safeguard against any potential wrongful accusations leveled against them in order for another person to avoid legal action taken against them due financial restitution.

By being able to offer clarity and assurance during this trying time, it is clear why enlisting legal counsel is beneficial when considering drunk driving accident legalities; however, there are many factors which should be taken into consideration before making this choice. By weighing up every option available before deciding on an appropriate course of action, those affected by drunken driving should be in good stead of protecting their rights, seeking justice and gaining their rightful compensation.

Having said that, further considerations must now be outlined prior to determining what financial recovery those affected by drunken driving fatalities may receive. Moving forward into this next section is paramount in order for future outcomes in such cases to be seen more effectively and efficiently. Therefore, it is now necessary for us turn our focus onto how exactly financial recovery may be determined for those involved in a drunken driving accident.

Determine Financial Recovery for Drunken Driving Accidents

Determining financial recovery for drunken driving accidents can be a complex process in the court of law. A skilled and experienced attorney will be able to help families and individuals recover financial losses resulting from the accident. Negligence must first be determined, which means that the at-fault driver was responsible for causing the accident through their reckless behavior. The next step would be to prove damages – that is, to prove that due to the negligence of the driver, victims lost money as a result.

In many cases, insurance companies may work with victims to reach a settlement before going to trial. In some cases, however, when negotiations fail or if the insurance company does not provide enough compensation for the damages suffered. The next step would be to head to court, in which case a seasoned attorney would be invaluable. Even though no amount of money could ever compensate an individual for such loss resulting from a drunken driving accident, an experienced attorney can better ensure that their client receives full and fair compensation for their losses.

It is essential to remember that insurance companies will often attempt to downplay or deny liability when it comes to a drunken driving crash so as to pay out less on settlements and judgments against them. Oftentimes they may cite contributory negligence as an excuse not to pay victims what they are owed or only offer them a small fraction of what is merited under the law. Having an experienced legal advocate on your side can give victims an edge in any claim or lawsuit brought against them by helping them collect sufficient evidence and countering any bargaining tactics used by an insurance company.

Determining financial recovery for drunken driving accidents is never straightforward and involves understanding both state laws and available compensation options that can cover medical bills, lost wages, pain and suffering, emotional distress, and more. A knowledgeable attorney will build their client’s case around all forms of damages incurred as a result of their injury so that all liable parties will be held fully accountable.

Having proper financial compensation after such a traumatic experience can enable victims to focus on healing without worrying about burdening medical bills or other costs associated with being involved in a drunken driving accident. It is important to seek out legal advice as soon as possible following an injury caused by someone else’s negligence in order to maximize one’s chances of receiving appropriate compensation for their losses. This leads into the discussion of compensatory damages — what these damages are and how they may apply to those affected by drunk drivers..

Compensatory Damages

Compensatory damages, or compensatory losses, are meant to reimburse an injured party for losses they have suffered as a result of a drunk driving accident. These damages may include reimbursement of medical bills, lost wages, property damage or reparations for physical pain and emotional suffering. Depending on the nature of the lawsuit that is brought awarded compensatory damages may vary dramatically from case to case.

Compensatory damages are further broken down into two distinct categories: special and general damages. Special damages are purposely designed to cover out-of-pocket expenses related to the specific harm caused by the drunk driver, such as medical costs and automobile repair bills. General damages are not monetary losses per se, but still require compensation — things like permanent scarring, disability and mental anguish. Those affected by a drunk driving accident can be eligible for both types of compensatory awards.

Compensatory awards are not only payable to those directly subject to injury but may also extend to those close to them—passengers in their vehicle or family members who have experienced loss or trauma due to the tragedy. It should be noted that punitive damage awards may also be made in these cases, though they are typically much rarer than compensatory claims.

When it comes to fair compensation for those affected by a drunk driving accident, compensatory awards recognize that the injured may alone carry a hefty financial burden inflicted by another’s negligence or misconduct. However, their success rate has varied over time as compensatory awards remain difficult for victims to receive without strong legal representation and sufficient evidence of responsibility on behalf of the liable driver.

Leading into Medical Expenses: With proper evidence gathering and legal help, those seeking recovery from a drunk driving accident can pursue both special and general compensation through awarding of compensatory damages while aiming to fully recover medical expenses endured as result of the incident.

Medical Expenses

When dealing with a mock accident related to drunken driving, medical expenses play a huge part. The responsible party may need to be held accountable for the bills that they have racked up when they chose to operate a vehicle while intoxicated. It is increasingly important to get an attorney involved in order to ensure that all medical costs are covered.

Medical costs can include, but are not limited to hospital visits, surgeries, physical therapy, medication and more. These bills add up quickly and someone who has been injured should not have the added burden of paying for any of it. In this instance having an attorney to fight for you can be invaluable. They will work hard on your behalf to ensure that you receive every penny that you deserve so that you able to get the treatment you need during this difficult time.

Furthering reduce the chance of having an expense left uncovered, attorneys specialize in understanding how insurance works in the case of an incident due to intoxication. Vehicles found at fault will often experience “diminished value”, where the worth of the vehicle post-accident plummets significantly. Working with specialized legal representatives will help you maximize your compensation returns even in these instances.

In addition, lawyers may assist in cases of hauntings due to emotional or physical damages related to injury received as part of an accident caused by a drunk driver. This is a crucial area where attorney specialist are invaluable due to their understanding of claims and compensation regulations related such incidents.

The next step after tackling medical expenses is tackling a court case related to driving under influence. Knowing what law firm is best suited for such special cases is key to receiving proper legal representation and getting the outcome expected from a victim’s perspective.

The Court Case of Drunken Driving Accidents

In cases involving a drunken driving accident, the court must determine if an individual was indeed operating a motor vehicle while under the influence of drugs or alcohol. Depending on the severity of the accident and damages incurred, these cases can become criminal proceedings – ranging from misdemeanors to felonies. In any case, it is incumbent upon the prosecuting attorney to prove beyond all reasonable doubt that the accused driver was in fact intoxicated at the time of the incident. Without direct evidence (e.g., blood alcohol tests, police eyewitness accounts) or corroborating testimony, it becomes increasingly difficult to make such a determination.

On the other hand, a defense attorney will strive to challenge this assertion by presenting alternate explanations for the cause of the accident. These could include mechanical defects on either vehicle involved in the crash, dangerous road conditions, or even faulty law enforcement procedures used at the scene. If there is no definitive proof that intoxication played a role in the accident, then a court might be inclined to rule out any charges due to lack of evidence.

It is important to remember that both party’s interests are best served by bringing professional legal counsel into these volatile cases. An experienced attorney will have extensive knowledge of state laws specific particulars and can provide invaluable advice during each step of the legal process. With such guidance, it becomes possible for both sides to receive fair treatment in court and possibly settle their differences outside of an expensive trial stage.

Therefore, it is highly advisable for individuals involved in a drunken driving incident to obtain legal help as soon as possible. Doing so could be essential to protect their individual rights and help build a meaningful case in court. The next section will discuss how victims can go about finding qualified legal assistance when dealing with such matters and what options are available.

Obtaining Legal Help for Drunken Driving Accidents

When faced with the aftermath of a drunken driving accident, victims and families of those affected have many questions. Who is responsible for the damages? Will there be civil or criminal suits? How can you best go about obtaining legal help if needed? In this section, we will examine the process of obtaining legal help for a drunken driving accident and discuss the potential options available.

The first option to consider when seeking legal help for a drunken driving accident is by filing a lawsuit. A personal injury lawyer can assist in filing a lawsuit to seek reparations from those responsible. This includes filing an insurance claim against the driver’s insurance company or seeking damages from other parties involved in the accident. While filing a lawsuit may not guarantee that you receive compensation, it does give you the opportunity to hold individuals and companies accountable for their negligence.

Another option to consider is working with your state or local bar association to find an experienced attorney who specializes in personal injury law. Many states have organizations that provide free consultations with experienced attorneys in order to ensure that victims of drunk driving accidents get quality representation. Additionally, some organizations offer financial aid for those who cannot afford to pay for legal services.

Finally, victims of drunk driving accidents may benefit from seeking the assistance of an organization like Mothers Against Drunk Driving (MADD). These organizations provide resources and advocacy to those affected by alcoholic drinks-related crashes. They can direct you to an attorney who has experience handling these types of cases and provide emotional support throughout the process.

Obtaining legal help in the aftermath of a drunken driving accident can be a complicated and emotionally taxing experience. It’s important for victims and families of those injured or killed in such incidents to understand their rights and options so they can make informed decisions about their next steps. In conclusion, this section has examined various ways victims and families can go about obtaining legal help following a drunken driving accident. In the next section we will look at some key points to consider when making your decision on which route is right for you.

Conclusion: In the next section we will explore important factors to consider when deciding on how to best obtain legal help after being involved in a drunk driving accident.


When it comes to drunk driving accident cases, legal help can be a critical factor in getting the compensation you deserve. The proper advice and representation can make all the difference in determining the outcome of your case – and the damages you may be eligible to receive.

Having an experienced attorney on your side can give you more opportunities to build your case, negotiate with the opposing party, and obtain the best possible outcome for you and your family. A qualified drunk driving accident attorney will have knowledge not only of the law, but of what is necessary to bring a successful claim in court or out of court.

It’s best to consult an attorney who specializes in personal injury law and specifically handles cases related to drunk driving accident claims. If a responsible party has caused your injuries, you may be entitled to monetary compensation for medical bills, lost wages, pain and suffering, or other losses suffered as a result of their negligence. You should also consider meeting with several attorneys before making a decision on whom to hire as some are more experienced than others in this area.

Ultimately, seeking legal advice from a knowledgeable and experienced drunk driving accident attorney can help ensure you receive full and fair compensation – while holding those responsible accountable for their actions.


How do I know if I have a case relating to a drunk driving accident?

When it comes to determining if you have a case relating to a drunk driving accident, there are several key factors to consider. First, it is important to determine who was at fault for the accident. Generally speaking, if the other driver was found to be operating their vehicle under the influence (DUI), then you may have a valid case for seeking financial compensation.

Additionally, you should assess the extent of your injuries or any property damage that was caused by the accident. If your injuries or any property damage were caused as a result of someone else’s negligence (i.e. driving while intoxicated), then you may be entitled to seek recompense from that individual. This is why it is important to discuss your situation with an experienced drunk driving accident attorney who can review the facts and help you determine how best to proceed with your case.

It is also important to note that even if there is no “smoking gun” evidence that proves the other driver was impaired due to alcohol consumption, courts may still take into account indicators such as erratic driving pattern or even blood alcohol content (if available) when determining fault in an accident involving multiple vehicles. Again, discussing your situation with a qualified professional will help you get an accurate understanding of what legal rights and options might be available to you.

What rights do I have if I am the victim of a drunk driving accident?

If you are the victim of a drunk driving accident, you have several legal rights that you can use to seek justice against the offender.

First and foremost, you have the right to pursue civil action against the at-fault driver, under the theory of negligence. This means that they can be held accountable for their actions and may be responsible for any resulting damages that you incurred. You may be eligible for compensation for your medical bills, lost wages, and pain and suffering.

You also have the right to press criminal charges against the driver if appropriate. DWI/DUI offenses can carry serious penalties such as fines, jail time, license suspension or revocation, and an Ignition Interlock Device requirement. Depending on the facts of your case and any aggravating circumstances (such as a high level of intoxication or previous DUI convictions), the charges may be elevated to more serious felonies which could result in harsher penalties.

Finally, you may be able to sue other liable parties such as bars or restaurants who served alcohol to a visibly intoxicated person, or an Uber/Lyft driver who was legally required to report an impaired passenger but failed to do so.

It is important for victims of drunk driving accidents to consult with experienced attorneys who can effectively protect their rights and help them seek justice against those responsible.

What should I look for when seeking a drunk driving accident attorney?

When seeking an attorney to handle your drunk driving accident case, you want to make sure you’re hiring someone who is qualified and experienced in this specific area of law. To do so, consider the following:

1. Credentials: The most important factor to consider before choosing a drunk driving accident attorney is their credentials and qualifications. Make sure they have what it takes to competently defend your case, including a license from the state bar association and experience with similar cases.

2. Reputation: You also want to do your research into an attorney’s reputation within the legal community. Look for reviews from past clients, peer endorsements from other attorneys, as well as any disciplinary action taken against them in the past.

3. Communication Approach: Make sure that your potential attorney is willing to communicate openly and frequently with you throughout the process. Ask how they will keep you updated on any developments in your case and which communication methods they prefer (email, phone calls etc).

4. Fees and Payment Options: Ask about their fee structure and payment options up front, so there are no surprises. Also consider whether they offer a free consultation or charge standard rates for their services.

By doing thorough research on all of these factors, you can enhance your chances of finding a great lawyer who will provide you with the best possible representation during your legal proceedings.