If you have been seriously injured or lost a loved one in a drunk driving accident in Alabama, you have clear legal rights. Drunk driving is against the law, and drivers who violate the law deserve to be held fully accountable. In some cases, other parties can be held accountable for drunk driving accidents as well. Seeking accountability starts with hiring an experienced Birmingham wrongful death lawyer or personal injury lawyer who knows how to fight for the financial compensation you and your family deserve.
While your legal rights after a serious or fatal drunk driving accident in Alabama are clear, understanding your legal rights can be challenging. With this in mind, here is an overview of what you need to know:
Drunk Driving is Negligent Driving
There are no excuses for driving under the influence. Drunk driving is negligent driving, and negligence is the standard for establishing legal liability in Alabama.
In other words, if the driver who hit you or your loved one was drunk, you do not also need to prove that he or she was speeding, driving the wrong way, or had run a red light or stop sign. The fact that he or she was drunk is enough to establish your (or your family’s) right to just compensation.
With that said, if the driver who hit you or your loved one was speeding or otherwise violating the law (in addition to driving under the influence), this can provide additional grounds to seek just compensation. This could be important if the driver disputes whether he or she was drunk—although there may be various ways to prove that he or she was impaired at the time of the collision.
Ultimately, as we said in the introduction, drunk drivers can—and should—be held fully accountable for the consequences of their actions. When you hire an experienced lawyer to conduct an investigation, your lawyer will focus on gathering all of the evidence that is available to prove your (or your family’s) legal rights.
Auto Insurance Covers Drunk Driving Accidents
If you have a claim for a drunk driving accident in Alabama, seeking just compensation will most likely involve dealing with the drunk driver’s auto insurance company. Liability insurance is mandatory in Alabama—and it covers drunk driving accidents—so the accident should be covered.
Unfortunately, even if you are clearly entitled to financial compensation, dealing with the drunk driver’s auto insurance company won’t be easy. This is another important reason to have an experienced Birmingham wrongful death lawyer or personal injury lawyer on your side.
In addition to filing a claim with the drunk driver’s insurance company, you may be able to file a claim with your (or your loved one’s) insurance company as well. For example, you may be able to file an uninsured/underinsured motorist (UIM) claim. This type of coverage applies in three main scenarios:
- When a negligent driver is uninsured;
- When a negligent driver’s insurance coverage isn’t enough; and,
- When a negligent driver flees the scene of an accident.
While UIM coverage isn’t mandatory in Alabama, many people buy this optional coverage to protect themselves and their loved ones. Your lawyer will be able to assist with determining what types of auto insurance coverage are available and then file all available claims on your behalf.
Seeking Auto Insurance Coverage Might Not Be Your Only Option
While most drunk driving accident cases involve auto insurance claims, seeking auto insurance coverage might not be your only option. When it comes to establishing accountability for a serious or fatal collision involving an alcohol-impaired driver, there are three other potential options available:
- Dram Shop Liability – Under Alabama’s dram shop law, bars and other establishments can be held liable for drunk driving accidents when they knowingly supply alcohol to customers who are visibly intoxicated.
- Social Host Liability – Under Alabama’s “social host” law, adults who knowingly allow minors (under the age of 21) to drink alcohol on their premises can be held liable if one of these minors subsequently causes a drunk driving accident.
- Employer Liability – If the driver who hit you or your loved one was working at the time of the accident, his or her employer could be liable for the accident under Alabama’s “vicarious liability” law for employers.
Of course, whether any of these are options in your case will depend on the specific circumstances involved. Here, too, a thorough investigation is essential, and an experienced lawyer will be able to examine the circumstances of your case to determine whether any of these additional claims are warranted.
The Lifetime Costs of a Drunk Driving Accident Can Be Substantial
Regardless of the specific claim (or claims) you are eligible to file, fighting for accountability is important. The lifetime costs of a drunk driving accident can be substantial. This is true for both victims and their loved ones. Under Alabama law, victims and their loved ones can seek compensation for all of their present and future losses, including their medical bills and other out-of-pocket expenses, lost earnings, emotional trauma, loss of consortium and companionship, and loss of enjoyment of life.
It Is Up to You to Take Legal Action
Finally, even if the drunk driver is facing criminal charges, it is still up to you to take legal action. In drunk driving accident cases, the drunk driver’s criminal trial and the victim’s or family’s claim for damages are completely separate legal proceedings. To seek financial compensation for your injuries or your loved one’s wrongful death, you will need to hire a lawyer to take all necessary and appropriate legal action on your (or your family’s) behalf.
Speak with a Birmingham Wrongful Death Lawyer or Personal Injury Lawyer for Free
Do you need to know more about seeking financial compensation for a drunk driving accident in Alabama? If so, we encourage you to contact us promptly. To speak with an experienced Birmingham wrongful death lawyer or personal injury lawyer for free, call 205-855-2745 or tell us how we can reach you online today.