There is really no excuse for driving drunk. There are rideshares available in just about every town in this country. All you have to do is call or order a ride on your cell phone. Within minutes, a car will show up to drive you home from the bar.
If someone decides to drive drunk, they will be held accountable. If they get into an accident, the police will cite them for DUI. They’ll be arrested and charged with DUI. They’ll have to go to court to answer these charges.
This is why it’s important to always call the police if you get into a car accident. Not only does your lawyer need the police report, but you also need to cops to investigate the accident. They will check to see if either driver is drunk or under the influence of drugs.
If you’ve been hit by a drunk driver, you need to call an Indianapolis auto accident attorney today.
Your Indianapolis Auto Accident Attorney Will Have to Prove Negligence
In order for the other driver to be deemed responsible for a car accident, you usually have to prove negligence. Negligence requires that you prove the following:
- The other driver owed you a duty of care
- They breached this duty
- You have injuries
- Your injuries were caused by the accident
When it comes to car accidents, we all owe the other drivers on the road a duty of care. We have to abide by all traffic rules and be considerate of other drivers. This means you have to follow the law when it comes to drunk driving.
If someone drives drunk, they have clearly breached their duty of care. In fact, any reckless behavior like this will almost always be deemed negligence per se. If you have injuries as a result, then you will have a case for negligence.
Your Indianapolis Auto Accident Attorney Will Use the DUI as Proof of Liability
If the other driver is charged with DUI, you may be able to use this in your case. Your attorney will follow up with the court to see if the defendant is convicted of the offense. If he is, then your attorney will get documentation to prove it.
Just because the defendant is convicted of DUI doesn’t mean you automatically win your case. You do still have to prove that the other driver caused the accident. Technically, you can be driving drunk and not actually cause the accident. It’s unlikely, but it is possible.
Once the defendant is actually convicted, your car accident attorney in Indianapolis will reach out to the insurance company. He will try to settle your case rather than go to trial. Even with a DUI, there’s no guarantee a jury will find against the defendant.
Your Indianapolis Auto Accident Attorney Will Try to Settle Your Case
Once you meet with your car accident lawyer, he’ll reach out to the insurance company. He’ll let them know that he has proof that their client was convicted of DUI. He’ll use this as motivation to get the insurance adjuster to settle for a fair amount.
Given the fact that other driver was charged with DUI, the insurance company should be interested in a settlement. They have to realize that their client stands to lose if the case goes to court. This should be impetus enough to resolve your claim quickly.
Your attorney will fight to get you the compensation you deserve. He’ll demand the following:
- Medical bills
- Lost wages
- Pain and suffering
- Property damage
- Permanent disability
You may not get the entire amount if you agree to settle. However, your attorney won’t advise you to settle for less than a fair amount. He’ll make sure you can cover your medical bills and lost wages. You may not receive as much in pain and suffering that you want, but it may be your best option.
Contact an Indianapolis Auto Accident Attorney Today
If you’re hit by a drunk driver, you need to contact an Indianapolis auto accident attorney today. Your attorney can review your case and let you know what it may be worth. He can also answer any questions you may have.
Your attorney knows a settlement is your best option. If the other driver has a conviction for DUI, odds are, you will get a fair settlement.
Call and schedule your free initial consultation today. It’s absolutely free and you pay nothing until win your case.