DUI accidents are not like normal car accidents. They have a lot of variables that can affect the results. If the police aren’t able to handle the situation in an effective way, the victim can suffer serious injuries. In most cases, the suspect isn’t properly charged or even just arrested. It is the lawyer who will help you fight for the compensation that you deserve from these mishaps.
During a dui accident, the victim has to prove two things: that the defendant was driving under the influence of alcohol and that the incident resulted to the injury of the victim. Comparative fault laws work to negate any kind of negligence on the part of the drunk driver. With this, the judge will allow him or her to be given the damages based on who is at fault for the crash. The driver and the one who caused the crash must be found guilty for the accident to be valid.
Compared to other cases, a DUI accident lawyer will deal with more serious cases. In these cases, the main goal is to seek compensation for the victims’ medical bills, lost wages, pain and suffering, and the other physical damages. Because these cases are very complicated, the process may take longer than what people expect.
The process of seeking compensation through a dui accident lawyer involves proving that the victim suffered certain injuries as a result of the drunk driver’s negligent actions. Comparative fault laws work to negate any kind of negligence on the part of the driver. With this, the judge will allow him or her to receive the compensation based on who is at fault for the crash.
The first step to take when filing a claim for compensation is to talk to a qualified and experienced dui accident lawyer. He or she will help you determine the extent of the injuries you have sustained from the crash. The personal injury attorney will help assess your case and help prepare all necessary documents in order to handle the case. These documents include doctor’s reports, police reports, and other documents related to your condition and injuries. This process can take a while, so the Ginsburg law firm should be able to get you an appointment as quickly as possible.
The second step involved in pursuing a case is proving negligence on the part of the person who caused the accident. For example, if the defendant failed to properly check his or her driving record before taking the road, the court may find him or her liable for the damages incurred due to the impaired driver’s behavior. A qualified dui accident lawyer will have a list of drunk driving accidents that he or she has handled in the past. He or she will be able to offer examples of other negligent acts that may apply to your case. With this information, your lawyer can easily point out the holes in your evidence and make it much more powerful.
The third step involved is proving that the person who caused the accident was actually aware that he or she had been drinking. For example, many drunk drivers will operate their cars at a higher rate of speed when they are obviously drunk. Your DUI accident lawyer can prove that you were indeed aware of the alcohol in your system and had a blood alcohol level above the legal limit when the accident happened. Some states have made it easier for drunk drivers to avoid jail by making it easier for them to claim they were unaware of their drunkenness. However, if this is not the case in your state, your drunk driving accident lawyer can make sure that you receive the compensation you deserve.
One final step involved in proving negligence in a case involves determining whether the defendant had actual, direct control over the vehicle at the time of the crash. In many drunk driving crashes, the result is the impaired driver losing control of the vehicle and causing an accident. Your DUI accident lawyer will use the example of a drunk driver leaving his car keys in a parking lot before he goes to work. While this may seem like a minor detail, it shows a complete disregard for others that could easily result in a severe accident.