What Are My Rights After an Accident by A Drunk Driver?

What Are My Rights After an Accident by A Drunk Driver?

Drunk driving collisions, unfortunately, take place every single day throughout the United States. Approximately every 50 minutes, a life is lost to a collision with an inebriated driver. Although recent years have seen a decline in this type of car crash (it stands about 1/3 the rate it was only a few years ago), the death rate is still quite stunning. More than 10,000 lives are taken by the act of drinking and driving every year. If you have been injured in a car accident due to a drunk driver, you must get familiar with your rights by hiring a Dallas drunk driving accident attorney at Reyes Law to receive the compensation you deserve. Keep the following details at the forefront of your mind to ensure your recovery is funded and that the guilty party is given the appropriate consequences.

Your Rights Following a Drunk Driving Incident

To ensure your rights are protected in the aftermath of this incident, contact the police immediately. If you are unable to reach a physician yourself, they will arrange medical care on your behalf, whether you have injuries or not. Once you have been sent to the appropriate facility for evaluation and treatment, they will remain at the scene to investigate the crash. Depending on the severity of your physical condition, you may be asked to fill out a police report at the scene or after you have been seen by a medical professional.

The police report will provide indisputable evidence on which you can base your case if you choose to press charges against the drunk driver. (Remember that pressing charges is well within your rights, so do not hesitate to follow through with this option.) The report will detail what happened and when, along with a toxicology report showing the concentration of alcohol in the driver’s blood. All evidence will be taken into account when you decide to file charges against them, especially if their blood alcohol concentration (BAC) is found to be above the legal limit (0.08%).

Along with your right to press charges against the guilty party is that of receiving compensation. The injuries you incur during a drunk driving accident, whether they are physical or psychological, will require an extended recovery period. Recovery is not something you can accomplish for free, unfortunately. It takes money to buy medication, get surgery, psychiatric guidance, and any other element of medical care deemed necessary for your condition. None of this should come out of your pocket and is the responsibility of the drunk driver instead.

Filing a Personal Injury Claim After a Drunk Driving Collision

When filing a claim against the drunk driver, you must prove the following details:

  • The drunk driver had a duty of care.
  • The duty of care was breached.
  • You suffered damages and injuries as a result of this breach.

Again, you are not restricted to physical injuries when filing a claim against the at-fault party. Speak with an experienced personal injury lawyer to learn about the damages and injuries that can be compensated with a successful lawsuit against the guilty party.