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Recovering Damages Following a Crash with a Drunk Driver

Posted on December 6, 2022

The winter holiday season is a time for relaxing and celebrating with family, friends and colleagues. Whether you prefer your parties to be large vs intimate, or formal attire vs ugly-sweater, almost universally, they all feature one common denominator: alcohol. Even if you choose wisely to avoid drinking and driving, others don’t always make the same choice. Alcohol-fueled crashes occur more frequently during the holiday period; in 2020, the National Highway Traffic Safety Administration reported that 49% of fatal crashes over the New Year’s Day Holiday were caused by drunk drivers[1].

If you are hit by a drunk driver this holiday season (or any time of year) you are entitled to recover damages to make your life as whole as possible again. Immediately after the accident, call 911. The police will investigate the scene and arrest the driver. In addition to the financial impact of paying you damages for their negligent behavior, they will likely face criminal charges as well, which can range from a license suspension to jail time. While waiting for the police to arrive, keep your distance from the other driver; people who are drunk can act violently or aggressively and you want to avoid the situation escalating. If you are able, take photographs and videos of the accident scene to provide visual evidence of the carnage that the drunk driver caused.

As soon as possible, seek medical attention. The sooner you visit the doctor or another healthcare center, the easier it will be to prove that your injuries are a result of your accident and not from another cause. As you begin to recover, it is crucially important that you keep all your follow-up appointments, attend all therapies and take all medications prescribed. You must show that you have done everything in your power to help yourself heal from the accident.

You can recover damages for your medical bills, lost wages, future lost wages, nursing care, therapy, and refitting your home with assistive devices. In addition to these economic damages, you can recover damages for pain and suffering, mental anguish, and loss of consortium. If your loved one was in an accident so severe that they died, you are also able to sue for wrongful death.

It’s important to remember that the criminal case the drunk driver faces is completely separate from your right to pursue damages in the civil courts. Even if they are found guilty in criminal court, you will not recover any funds unless you pursue charges in civil court. The first step in recovering the damages you are owed is to contact an attorney who specializes in drunk driving accidents, like ECanter Lawyers. We will thoroughly investigate the accident and advise you of your best options for pursuing damages from the drunk driver. Call us today at 561-447-4500.

ECanter Lawyers

When you are dealing with the chaos and pain of accidents and personal injuries, the last thing you need is technical, confusing legal language.  ECanter Lawyers breaks down the complexities and provides clear, informative answers so that you understand your legal options. 

For a quarter of a century, ECanter Lawyers has remained committed to honest, straightforward answers.  Named one of AVVO’s Clients’ Choice, ECanter Lawyers has helped clients receive multi-million-dollar verdicts, and millions of dollars in settlements.  ECanter Lawyers specializes in personal injury, motor vehicle accidents, medical malpractice, premises and product liability, and healthcare law.

With offices conveniently located throughout South Florida and 24/7 services, ECanter Lawyers personal injury law firm offers you the personalized attention that you need in order to maximize your compensation. 

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561-447-4500

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[1] NHTSA. TSF Annual Report Table 14 (dot.gov). Accessed November 3, 2022.

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