Compensation for Being Hit by a Drunk Driver in Alabama

If you’ve been hurt by a drunk driver in Alabama, it’s vital to meet with a personal injury lawyer as soon as possible so they can conduct a thorough investigation. You may be able to claim compensation for medical expenses, loss of income, and pain and suffering. 

The available compensation for being hit by a drunk driver in Alabama depends on several factors, including the extent of your injuries, time lost from work, and the likelihood that you will need ongoing medical care.

What Types of Damages Could Be Included in a Drunk Driving Accident Settlement?

According to the Alabama Department of Insurance (ALDOI), your settlement for a drunk driving accident could include damages that cover:

• Your medical expenses – This refers to all your medical costs from this accident, not only the bills you have already received. You can also claim compensation for your future medical bills, which is especially important if you suffer catastrophic injuries.
• Your lost wages – You can claim compensation for any time you have already lost from work, as well as for any time you will lose at work in the future and your lost income potential.
• Your pain and suffering – Your settlement should also include compensation for all the physical pain and emotional distress you will experience because of this collision.

It’s important not to ask for too little when negotiating with the insurance company or your compensation might not cover all your losses. A car accident attorney can help you put a value on what you have suffered and demand that the insurer compensate you fairly.

What Factors Can Affect How Much Compensation I Can Recover for a Drunk Driving Crash?

There are several factors that can affect the value of your compensation, such as how severe your injuries are, how long your recovery takes, and the strength of your evidence. Other relevant factors include the following:

Available Insurance Policies

One factor affecting how much compensation you can recover is how much insurance coverage the other driver was carrying. According to the ALDOI, all drivers must carry:

• $25,000 liability for bodily injury to one person
• $50,000 total liability for bodily injury per accident
• $25,000 for property damage

However, not all drivers carry liability insurance even though they are required to. If the drunk driver who hit you is uninsured or your losses are greater than their coverage, you can file a lawsuit against them.

Punitive Damages

If your personal injury claim goes to court, you may also be able to recover punitive damages – especially if the other driver was far over the legal limit for intoxication. The courts don’t award punitive damages in every case, but they can significantly increase the value of your claim if the court does award them. Punitive damages in personal injury lawsuits can be up to $1.5 million or three times the value of your compensatory damages, whichever is greater.

Dram Shop Claims

In some cases, Alabama law also allows drunk driving victims to pursue compensation from the establishment that served the at-fault driver. If the business owner knew or should have known that the driver was visibly intoxicated but still served them, you can hold them accountable. This may be an additional source of compensation for your drunk driving accident injuries.

Is It Necessary to Prove the Drunk Driver’s Negligence to Win Compensation?

In most personal injury cases, you must prove that the other driver was negligent to win compensation. For instance, you might need to show evidence that they were speeding or failed to respect your right of way. But what if the driver who hit you was drunk?

In a drunk driving case, your lawyer may be able to use a legal concept called “negligence per se.” It essentially means that the drunk driver is automatically considered negligent because they violated a law designed to keep others safe. However, this isn’t always as easy as it sounds. You need an experienced attorney on your side who can prove that the driver was drunk at the time of the collision and is responsible for your injuries.

What Happens If the Drunk Driver Who Hit Me Left the Scene of the Accident?

Can you still collect compensation if the drunk driver who hit you left the accident scene? It’s a criminal offense to flee the scene of a car accident in Alabama, but some people do it anyway – especially if they’re afraid of getting a DUI charge. If the drunk driver who hit you fled and their identity is unknown, you won’t be able to collect compensation from them.

You also won’t be able to collect from your own bodily injury liability policy, at least not if you only carry the state-required minimum insurance. That policy only covers injuries to another person. In a hit-and-run accident, you can only collect compensation for your injuries if you carry medical payments coverage or an uninsured motorist policy. When shopping for insurance, it’s worth considering the potential risk of a hit-and-run accident.

If you aren’t sure what your insurance policy covers, discuss the issue with your lawyer immediately after the accident.

How Long Do I Have to File a Claim After a Drunk Driving Accident in Alabama?

In Alabama, you have two years to file a personal injury lawsuit under the statute of limitations. This two-year time limit starts on the accident date, so don’t wait too long to contact an attorney. Your lawyer needs enough time to interview eyewitnesses and review evidence before opening negotiations with the other driver’s insurance company. The negotiations will also take some time, especially since the insurance company’s first offer will probably be low. Give your lawyer enough time to work by coming in for a consultation immediately after the accident.

Contact an Alabama Drunk Driving Accident Lawyer

According to the Alabama Law Enforcement Agency (ALEA), drunk and impaired driving caused more than 5,000 car crashes in a recent year. Being injured in a car accident is bad enough, but it’s even worse to be injured by a drunk driver. If the person who hit you had not made the selfish and negligent decision to drive while intoxicated, you might never have been hurt. You deserve to be compensated for what you have suffered because of their actions.

Hold the drunk driver who injured you responsible for their actions by contacting an Alabama drunk driving accident lawyer today. Gartlan Injury Law is an Alabama personal injury law firm dedicated to standing up for the rights of people injured by drunk drivers. Our clients appreciate that we are “always very easy to get in touch with” and keep them “informed of everything.”

We offer a free consultation so you can tell us your story, followed by a thorough investigation to uncover all the facts. We’ll build the strongest possible case for maximum compensation, and we won’t charge you anything until we collect. Contact Gartlan Injury Law today.

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