Accidents involving drivers under the influence (DUI) of alcohol or drugs are, unfortunately, common.
After a night out drinking, some individuals overestimate their abilities and think they can drive home safely, but that’s seldom the case. In other cases, the driver might be on the job when they’re intoxicated — it’s not uncommon for truck drivers to take stimulants to help keep them awake during long shifts, only for the drugs to hinder their reaction times and cause a devastating crash.
What’s most tragic about this type of accident is that they don’t have to happen. If more drivers took a cab or phoned a sober friend or family member instead of getting behind the wheel, many of these accidents could be avoided.
But while we can go on about what should happen, that doesn’t help you if you’re a victim of a DUI accident.
DUI accidents can cause severe injuries that leave you unable to work and with extensive medical bills. Fortunately, these are expenses you can recover as part of a personal injury claim.
But should you hire a lawyer to handle your claim?
Our personal injury lawyers in Greenville, South Carolina, explain what a DUI lawyer can do for you, including how much a DUI lawyer costs.
1. Help You Find Out Who Is Responsible For Your Dui Accident
Most car accidents are caused by driver error — some reckless mistake or negligence on the part of the driver that results in an accident. If a driver gets behind the wheel after a night on the town and crashes into you, you might assume they’re responsible. Who else could be liable for your accident?
The intoxicated driver might well be at fault, but that’s not the be-all and end-all.
In some cases, other parties may also be liable, and you may be able to pursue compensation from them.
A DUI lawyer can help determine who these people or parties might be. To do this, they will ask, “How did the person who caused the accident come to be intoxicated?”.
South Carolina laws prevent restaurants and bars from serving alcohol to individuals who are drunk or impaired.
South Carolina’s Alcohol and Alcoholic Beverage Control Act states, “[a] person or establishment licensed to sell alcoholic liquors or liquor… may not sell these beverages to persons in an intoxicated condition.”
This means if the person who caused your accident got drunk at home, then went to a bar and was served by a bartender who could clearly see they were impaired and gave them a drink anyway, you may be able to hold them liable.
The same also applies to social hosts, such as if the driver went to a dinner party at their friend’s house, was served alcohol despite being intoxicated, and then got behind the wheel of their vehicle.
A DUI lawyer can help you determine all possible parties so that you get the maximum compensation possible.
However, if another party is liable for your DUI accident, you need to prove it. This brings us to the next way a DUI lawyer can help you.
2. Help You Gather Evidence For Your Dui Claim
Evidence is crucial for a successful personal injury claim. Without it, the insurance company of the person who is responsible may dispute your claim.
A DUI lawyer can subpoena and review footage from the bar or establishment the driver was at before the crash to determine if they were intoxicated. Your attorney can also speak to people who may have witnessed the driver drinking — as well as the crash itself — which can be vital to success.
When you’re in a traffic accident, you must call 911. When an officer arrives, they will test the blood alcohol content (BAC) of all drivers involved. If a driver has a BAC of 0.08% or higher — or 0.04% if they’re driving a commercial vehicle, such as a semi-truck — they are over the limit according to the law. This is not only valuable evidence for a personal injury claim but it can also be used to prosecute the driver, as DUIs carry criminal penalties.
Another crucial piece of evidence in any motor vehicle accident is the traffic collision report filed by police. The collision report is a document the investigating officer will fill in when they arrive on the scene. This involves documenting all parties involved, and the injuries sustained and contains a report of how the accident happened. The officer will refer to codes to document the “contributing factors” of the crash.
Contributing factors comprise everything from driving while distracted (Code 02) or fatigued (Code 07) to texting (Code 20) and, of course, driving under the influence (Code 16).
When you want to claim compensation for a DUI accident, having a copy of the collision report backing up your version of events is crucial. Your attorney can request a copy of your traffic collision report and help you interpret it.
3. Help You Negotiate A Fair Settlement
Filing a personal injury claim may be just as much about getting justice as it is about receiving a settlement, but you still want to receive a payout that covers all your past and future expenses and fairly compensates you for your injuries.
When the DUI claim process begins, you’ll likely receive a call or visit from an insurance adjuster — an individual from the insurance company representing the person or party you’re claiming against. During this communication, they might offer you a payout immediately in exchange for you dropping the case.
This can be tempting, especially if you have bills for immediate medical care after the crash or you’ve lost wages from being unable to work. However, it’s rarely advisable to accept this offer.
Insurance companies are for-profit companies that make money by paying out as little as possible — if at all — on insurance policies. The initial offer an insurance adjuster sets on the table is likely far less than what you’re entitled to, especially if you’ve hired a DUI lawyer to gather evidence supporting your claim.
Fortunately, DUI lawyers are well-versed in negotiation and know the underhand tactics insurance adjusters may resort to to minimize liability — including putting pressure on DUI accident victims who may be vulnerable and in significant pain.
It’s vital to know that you are under no obligation to talk to an insurance adjuster. Your DUI lawyer can handle all communications on your behalf while using their savvy negotiation skills and presenting evidence to get you a fair settlement.
While a DUI lawyer can do so much more for you, this reason is worth hiring an attorney on its own.
4. They’ll Be By Your Side Every Step Of The Way
Filing a DUI accident claim can be a lengthy and challenging process, even more so if you have limited knowledge of the law. It’s completely normal and expected to have questions as you go through the process, such as how much compensation you can expect, how long the entire process should take, whether you should accept an offer, and what your chances will be at trial if you can’t agree on a number.
Aside from handling the claims process, a priceless benefit of hiring a DUI lawyer is that they take the weight off.
Being out of work and undergoing medical treatment is stressful enough; you don’t need the additional burden of trying to recover compensation on your own.
Hiring a DUI accident lawyer means you have an expert in your corner who’s always there to answer your questions, keep you up to date, and defend your legal rights.
How Much Does A Dui Lawyer Cost?
Now you know what a DUI lawyer can do for you, you might be wondering how much a DUI lawyer costs.
Fortunately, at our personal injury law firm in South Carolina, we work on a contingency fee basis. This means you’ll only ever pay legal fees if we win your case. We’ll take your fees out of your settlement before we release it to you, so when you receive your compensation, you won’t have to worry about payment. We’ll also update you throughout on the cost of legal representation so you’re never surprised.
For many DUI accident victims, this is a massive relief, as it means you won’t have to worry about finding money upfront at a time when you may already be stretched financially.
If you’re in an accident with a driver under the influence and wondering what a DUI lawyer can do for you, we invite you to get in touch. Our Greenville DUI accident lawyers are happy to explain what you can expect and how we can help you.
