Hit By A Drunk Driver: What Are You Entitled To?
Imagine this: You’re driving along, minding your own business, when suddenly you’re struck by a drunk driver. It’s a terrifying experience, one that leaves you wondering what your rights are and what you’re entitled to. In this post, we’ll explore the legality of a situation like this and shed light on what you can expect in terms of compensation and support.
Liability and Proving Negligence
It is important to first establish who is at fault for the accident. In the case of a drunk driver, proving their negligence is paramount. This is done by gathering evidence such as:
- Police Reports
- Eyewitness Testimonies
- Surveillance Footage (if available)
These pieces of evidence help demonstrate that the driver’s intoxication directly led to the accident. However, it is important to consider that your own contribution to the accident may be considered, even if the other driver was intoxicated.
Compensation for Damages
Once your liability is determined, you may be entitled to compensation for the damages you’ve incurred. There are two types of damages you can seek: economic and non-economic.
Economic Damages: These cover specifically financial losses resulting from the accident. This includes:
- Medical Expenses
- Property Damage,
- Wage Loss Due To Injury
Be sure to keep track of your medical bills and documentation of accident-related expenses in order to support your claim.
Non-Economic Damages: These damages address intangible aspects of your suffering. This includes compensation for experiences such as:
- Pain and Suffering
- Loss of Enjoyment of Life
- Loss of Earning Capacity
- Emotional Distress
Though it may be challenging to put a price tag on non-economic damages, they are just as important to consider when seeking compensation.
Insurance Coverage
Insurance plays a crucial role in accidents caused by drunk drivers. The drunk driver’s insurance company may be responsible for providing compensation. Liability coverage and personal injury protection are two key aspects to consider.
Liability Coverage: This refers to the insurance policy that covers the at-fault driver. It may provide compensation for your damages up to the limits of the driver’s specific policy. Working with the driver’s insurance company and negotiating a fair settlement is essential to ensure you receive the compensation you are entitled to.
Personal Injury Protection: This coverage is a type you may have under your own insurance policy. Personal Injury Protection helps cover your medical expenses and sometimes lost wages, regardless of who is at fault.
Legal Action & Civil Lawsuits
If negotiating with the drunk driver’s insurance company does not yield satisfactory results, you may choose to pursue legal action. Filing a personal injury lawsuit allows you to seek compensation through the legal system. You can also participate in the criminal process – as a crime victim you have certain rights afforded you by the Oregon Constitution. These rights can sometimes provide leverage against the bad driver and his or her insurance. However, there are time restraints, known as the statute of limitations, for filing lawsuits such as these. Consulting with a personal injury attorney is recommended as they can guide you through the legal process and advocate for your rights.
Contact Paul C. Galm Today
If you find yourself in a situation where you or a loved one has been hit by a drunk driver, contact personal injury attorney Paul C. Galm. With over 15 years of experience serving in Beaverton and Portland, Oregon, Paul Galm can help you understand the legal process and fight for your rights. Don’t face the aftermath of a drunk driving accident alone – contact us today for a free consultation!