The dangers of drinking and driving are well known, yet drunk driving remains one of the leading causes of accidents in the United States. But what happens if you crash while intoxicated? Drivers who drink and drive need to be especially aware of their legal rights.
At Abercrombie, P.A., our drunk driving accident lawyer helps navigate the legal complexities of drunk driving cases. In this blog, we explore the legal consequences of crashing under the influence, helping you stay informed and take steps to protect your rights.
What happens if you hit someone while drunk?
You might remain extra cautious, yet driving after being drunk increases the risks of a car crash. If you hit someone, here’s what can happen to you:
1. Criminal Charges
If you cause an accident while Driving under the Influence (DUI), you can face severe penalties. You can be charged with higher fines and a prison term with a proper trial if your drunk driving results in injury or death. The charges can include felony assault, reckless driving, or vehicular manslaughter.
2. Legal Penalties
Your legal penalties may vary by state and by the severity of the damages that you have inflicted. The common legal penalties include:
- Jail or prison time
- Heavy fines
- License suspension or revocation
- Mandatory alcohol education or rehabilitation programs
- Probation and community service
3. Civil Liability
Even if your criminal charges are settled, civil lawsuits may persist. The civil lawsuits can include:
- Personal Injury Claims: Victims can sue for medical expenses, lost wages, pain, and suffering.
- Wrongful Death Claims: If someone dies, their family can pursue a wrongful death lawsuit seeking significant damages.
- Property Damage: You may be responsible for covering vehicle repairs, medical bills, and other related expenses.
4. Insurance Consequences
Not only will you face criminal and civil lawsuits, but a drunk driving case will also impact your insurance frameworks. Your auto insurance rates will increase. Some insurers are very particular, and they may cancel your policy altogether. If it’s proven that you were intoxicated during the time of the accident, your entire insurance policy might get canceled.
| Category | What happens if you crash when you’re drunk |
| Criminal Charges | You may face DUI charges. If someone is injured or killed, charges can include felony assault, reckless driving, or vehicular manslaughter. This can lead to a court trial, heavy fines, and prison time. |
| Legal Penalties | Penalties depend on the state and damage caused. Common penalties include jail or prison time, large fines, license suspension or loss, alcohol education or rehab programs, probation, and community service. |
| Civil Liability | Victims can file lawsuits even after criminal cases end. This includes claims for medical bills, lost wages, pain and suffering, wrongful death damages, and property repair costs. |
| Insurance Consequences | Your insurance rates will increase. Some insurers may cancel your policy. If intoxication is proven, your coverage may be fully denied or dropped. |
| Immediate Actions After Crash | Move to a safe place, call 911 for medical help, document the scene if possible, and do not admit fault or make statements without a lawyer. |
| Average Settlement | There is no fixed amount. DUI accident settlements are often higher than normal crashes because drunk driving can lead to extra penalties. |
| Factors Affecting Settlement | Injury severity, medical costs, lost income, pain and suffering, and property damage all affect compensation amount. |
| Protecting Your Rights | Call police and emergency services, stay at the scene, seek medical help, and avoid admitting fault or giving statements without legal advice. |
What are the immediate actions that you need to take?
Hiring a drunk driving accident lawyer is necessary, but ensuring safety should be your top priority. Take the following immediate actions after an accident.
- Move to a safe location and away from the scene and traffic.
- Dial 911 to report your accident for a medical emergency.
- Try to document the scene for insurance negotiation.
- Do not admit any fault or make any confession to any party without consulting your lawyer.
What is the average settlement for a drunk driving accident?
The exact average settlement of a drunk driving accident cannot be determined, as the amounts vary widely based on the severity of the accident. However, the settlements of a DUI accident are comparatively higher than other types of crashes, due to the defendant’s egregious conduct, which can lead to punitive damages.
The following factors can influence the compensation amount:
- Severity of Injuries: Severe, life-altering injuries like spinal cord damage or traumatic brain injuries can provide much higher settlements.
- Medical Expenses: All costs involving hospital stays, surgeries, rehabilitation, physical therapy, and medication.
- Lost wages and earning capacity: If your injuries result in permanent disfigurement or reduce your earning capacity, your wage amounts and other income will be compensated.
- Pain and suffering: Compensates for the emotional distress, physical pain, and loss of quality of life.
- Property damage: The cost of repairing or replacing your vehicle or any other personal property that has been damaged in the car crash.
How to protect your rights in a drunk driving accident?
Protecting your rights in a drunk driving accident is equally essential. Consulting an experienced drunk driving accident lawyer can help you secure your legal rights. Taking the following steps can help you protect your rights in a drunk driving accident:
- Call the police or dial emergency helpline numbers, such as 911, for immediate medical attention that is required. Seeking immediate medical help for those affected will help clear any potential criminal charges of intentional harm.
- Do not leave the scene, as it can be documented as a hit-and-run case and increase the severity of criminal charges.
- Do not admit any fault or make any statements, as a mere confession can be used against you by the opposing party.
Conclusion
Dealing with the aftermath of a drunk driving accident can be overwhelming. Still, with the help of a qualified drunk driving accident attorney from Abercrombie, P.A., you can ensure your rights are protected.
At Abercrombie, P.A., we will guide you through every step of the process and work tirelessly to secure the maximum compensation for your injuries. Connect with us for a Free Consultation.
