Hurt By A Drunk Driver: Moving Forward With Litigation

If you've been hurt by a drunk driver, you have every right to pursue legal compensation for your injuries

. Those who are steadfastly against drinking and operating a motor vehicle are frustrated every time they hear about a DUI accident. There have been highly public campaigns against DUI for decades now. While it has made a considerable impact, there are always those who don't care. Unfortunately, it is those people who put others in danger. When they do, they should be held responsible for their actions, both criminally and financially. Here's how you can move forward with litigation if you've been the victim of such an accident.

Proving Intoxication

In some states, there is a bit of conundrum surrounding cases where a drunk driver hurt the plaintiff. In the effort to prove liability, common sense would dictate that the plaintiff's lawyers be able to put on evidence that the defendant was under the influence at the time of the accident. Obviously, this would be pertinent information for the jury to have, right? Well, many states say no. If the defendant concedes liability, there may be no place for DUI evidence in the court. Of course, if it reaches that point, then you have already won your case, so there is a silver lining.

Passenger Complaints

When most people think of being hurt by a drunk driver, they envision a scenario where another operator under the influence injures one innocent operator. This isn't always the case. Sometimes it is the passengers of the inebriated operator who are the injured parties. This presents a case where the opposing insurance lawyers will claim that the passengers should have known better than to get behind the wheel. It brings up a claim of contributory negligence that can be difficult to fight. Of course, the facts of the individual case will determine how it goes, but you should make sure you have a good lawyer by your side.

Insurance Coverage

Some victims worry that the defendant's insurance company will refuse to cover a claim because of their client's DUI status. Surely there is a clause in the contract that lists DUI as essentially waiving the right to coverage, right? While these clauses may exist as it pertains to the defendant having his own damages covered by his insurance company, they will not be able to claim a waiver of any kind when it comes to compensating victims of their client.

by: Abraham Avotina

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