Being involved in a car accident is a traumatic experience, and if you were hit by a drunk driver, the situation becomes even more complicated. The effects of such an accident can be severe, ranging from physical injuries to emotional distress and financial hardship. If you’ve found yourself saying, “I got hit by a drunk driver, what am I entitled to?“, you are likely wondering about your legal rights and the compensation you can receive.
In this article, we will explore the types of compensation and legal recourse you may be entitled to after being hit by a drunk driver, as well as the steps you need to take to protect your rights.
1. Understanding Your Legal Rights After a Drunk Driving Accident
When a drunk driver causes an accident, the situation is not only a civil matter but also a criminal one. Drunk driving is illegal in every state, and drivers who cause accidents while under the influence of alcohol face serious consequences, including fines, license suspension, and jail time. However, beyond the criminal case, victims of drunk driving accidents have the right to seek compensation for their losses.
a. The Drunk Driver’s Liability
In most cases, the drunk driver will be found at fault for the accident. This means that they are liable for the damages caused by the accident, including any injuries or property damage. In civil law, this is known as “negligence,” and driving under the influence of alcohol is a clear form of negligent behavior.
If you were hit by a drunk driver, you are entitled to pursue compensation from the at-fault driver through their auto insurance policy, or directly through a lawsuit if necessary. Most states require drivers to carry insurance to cover damages in the event of an accident.
b. Your Right to Compensation
As a victim, you are entitled to be compensated for a range of damages, including:
- Medical Expenses: This includes hospital bills, surgery costs, rehabilitation, and any future medical treatment related to your injuries.
- Lost Wages: If the accident caused you to miss work, you can claim compensation for lost income.
- Pain and Suffering: You may be entitled to damages for physical pain, emotional distress, and loss of enjoyment of life.
- Property Damage: If your vehicle or other personal property was damaged in the accident, you are entitled to have it repaired or replaced.
- Punitive Damages: In some cases, victims can also seek punitive damages. These are meant to punish the drunk driver for their reckless behavior and deter others from driving under the influence.
2. Types of Compensation You May Be Entitled To
After being hit by a drunk driver, you may be entitled to different types of compensation depending on the circumstances of your accident. Here are some of the key types of damages you can claim:
a. Medical Expenses
One of the most immediate concerns after being hit by a drunk driver is the medical treatment required to recover from your injuries. Whether your injuries are minor or severe, medical bills can quickly add up. As a victim, you are entitled to compensation for all medical expenses related to the accident, including:
- Emergency room visits
- Hospitalization
- Surgery
- Physical therapy
- Ongoing medical treatment
- Prescription medication
- Medical equipment (crutches, wheelchairs, etc.)
Even if you have health insurance, you can seek compensation for out-of-pocket expenses and any co-pays or deductibles that you had to pay as a result of the accident.
b. Lost Wages and Loss of Earning Capacity
If your injuries from the accident prevented you from working, you are entitled to compensation for your lost wages. This includes not only the income you lost during your recovery but also any future earnings you may miss out on if your injuries result in long-term disability or an inability to return to your previous job.
If your earning potential has been diminished due to the accident, you may also be entitled to loss of earning capacity. This means that if you are unable to earn the same income as before due to permanent injuries or disabilities, you can claim compensation for the difference in future earnings.
c. Pain and Suffering
Accidents caused by drunk drivers often result in significant physical pain and emotional trauma. Pain and suffering compensation is meant to cover the physical pain and emotional distress you’ve endured as a result of the accident. Factors that are taken into account when determining pain and suffering include:
- The severity of your injuries
- The impact on your quality of life
- Emotional distress, such as anxiety, depression, or PTSD
- Loss of enjoyment of life, if your injuries prevent you from engaging in activities you once enjoyed
Pain and suffering damages can be more difficult to quantify, but they are a key component of the compensation you are entitled to after a drunk driving accident.
d. Property Damage
If your vehicle or other personal property was damaged or destroyed in the accident, you can seek compensation to repair or replace the items. This includes the cost of repairing your vehicle, as well as any personal items that may have been damaged, such as a smartphone, laptop, or other valuables inside the car at the time of the accident.
e. Punitive Damages
In addition to compensatory damages (which are meant to cover your losses), you may also be entitled to punitive damages. Punitive damages are awarded in cases where the drunk driver’s behavior was particularly reckless or egregious. The purpose of punitive damages is to punish the driver for their misconduct and to serve as a deterrent to others.
Punitive damages are not available in every case, but in drunk driving accidents, courts often award them to make an example of the driver’s dangerous behavior.
3. Steps to Take After Being Hit by a Drunk Driver
If you were hit by a drunk driver, it’s important to take immediate action to protect your rights and maximize your chances of receiving fair compensation. Here are the key steps to take:
a. Seek Medical Attention
Your health should be your first priority after any accident. Even if you don’t feel seriously injured at the scene, some injuries (such as internal injuries or whiplash) may not become apparent until later. Seeking medical attention immediately ensures that your injuries are properly documented, which will be important if you pursue a personal injury claim.
b. Contact the Police
It’s critical to report the accident to law enforcement, especially if the driver was under the influence. The police will conduct an investigation, which may include sobriety tests, field interviews, and arresting the drunk driver. The police report will be an important piece of evidence in your case.
c. Gather Evidence
If possible, collect evidence at the scene of the accident. This can include photos of the vehicles, damage, road conditions, and any visible injuries. Collecting contact information from witnesses is also important, as their testimony can support your claim.
d. Contact a Personal Injury Lawyer
Navigating a drunk driving accident claim can be complicated, especially when dealing with insurance companies and legal processes. A personal injury lawyer with experience in drunk driving cases can help you understand your rights, negotiate with the insurance companies, and ensure that you receive the compensation you deserve.
e. File a Claim
Once you’ve gathered the necessary evidence, you can file a claim with the at-fault driver’s insurance company. In some cases, the driver may not have sufficient insurance to cover your losses, in which case you may need to file a lawsuit or explore other options, such as underinsured motorist coverage.
Conclusion
If you’ve been hit by a drunk driver, you are entitled to compensation for your medical expenses, lost wages, pain and suffering, property damage, and possibly even punitive damages. While the process of seeking compensation can be complex, taking the right steps and consulting with a skilled personal injury attorney can help ensure that you get the justice and financial support you need during this difficult time.