We have all heard the devasting and crushing tales of drunk driving accidents. These stories tend to be so heartbreaking because alcohol-related car crashes are totally avoidable, and often times, these types of collisions end in serious injury or death. If you or a loved one has fallen victim to a drunk driving incident, you’re not alone in seeking justice. In this guide, we will delve into how to bring a drunk driving injury claim.
by Meaghan T. Baca, Esq.
What is Liability in a Drunk Driving Case?
Liability simply means being responsible for something or someone. In the context of car accidents, the person who is liable generally means the person who caused the collision. When someone is liable for a car accident, it also means that the person is responsible for paying the damages that arise from that crash. Establishing liability is the first step in any personal injury case. As such, our personal injury attorneys who sue drunk drivers in Sandoval County and Albuquerque County take time and consideration when gathering all necessary evidence to establish liability.
To establish liability in drunk driving cases, it is important to remember that the case hinges on the individual’s impairment due to alcohol or drug consumption. It is not necessarily about whether the driver made a simple mistake or being in the wrong place at the wrong time. It is about the driver making the conscious choice to get behind the wheel while intoxicated. To prove that the drunk driver is liable, the following factors are crucial:
Negligence
Drunk driving is considered a negligent act because the drunk driver failed to exercise reasonable care and diligence as a driver upon the roadway. Meaning, it was not reasonable or safe for the driver to operate a vehicle while intoxicated.
BAC Levels
Blood Alcohol Concentration (BAC) is a critical factor in drunk driving cases. If the driver’s BAC exceeds the legal limits, it strengthens the case for liability. However, even if the driver is not technically over the legal limit, evidence of any BAC is persuasive in drunk driving claims.
Recklessness
The act of drunk driving itself demonstrates a conscious disregard for public safety as the likelihood of harm is extremely high when someone gets behind the wheel while drunk. This willful or wanton behavior helps support the drunk driver’s liability. Our attorneys work in Albuquerque, Bernalillo County, and surrounding communities like the Town of Bernalillo, Sandoval County, Rio Rancho, and Santa Fe. We also serve victims and families from Clovis to Gallup.
What Compensation Are You Entitled to After a Drunk Driving Accident?
In an effort to restore the victim of a drunk driving collision to the position they were in before the accident, a victim can make a claim for economic and non-economic damages. Those types of damages include:
Can You Get Punitive Damages in a Drunk Driving Case?
Drunk driving cases are one of the view times where it is possible for a plaintiff to make a claim for punitive damages. The term “punitive” means to punish. In a drunk driving claim, punitive damages are meant to “punish” the drunk driver for their reckless action of driving while intoxicated in an effort to deter the driver from drinking and driving again. Punitive damages are just one of the many legal consequences of drunk driving. While punitive damages are not awarded in every case, drunk driving collisions often meet the criteria due to the highly dangerous nature of the act.
How Do You Handle DWI Insurance Claim?
Dealing with insurance companies can be a challenge, especially when the liable party is a drunk driver. Insurance adjusters may attempt to downplay the impact of the collision or offer settlements that don’t accurately reflect the damages suffered. It is not unusual for insurance policies to specifically exclude punitive damages related to drunk driving. This where is becomes critical to have an attorney advocating on your behalf. Getting compensation for drunk driving victims can be tricky and having personal injury attorney on your side will help maximize your potential recovery.
What to Do After a Drunk Driver Accident in Albuquerque, Bernalillo, Rio Rancho, or Santa Fe New Mexico?
Your actions right now may play an important part in determining the results of your auto accident case. Take the following steps to help ensure your case is preserved.
Seek Medical Attention
Check yourself for injuries and get to safety as soon as possible.
Contact the Police
Call 9-11 right away to report your accident. Request an ambulance if you are in pain, or immediately follow-up with your doctor or an urgent care visit.
Gather Evidence and Contact Information
Take pictures, exchange information with the other driver, and cooperate with any police investigation.
Document Your Injuries
Scheduling a visit with a medical doctor right away is important.
Take a Break
Don’t post on social media, and don’t speak with an adjuster without your attorney present.
Contact an Experienced Accident Attorney
The experienced accident attorneys at Cassidy Baca, P.C. are ready to help you understand all of your legal options after an injury.
An Experienced Accident Attorney is Waiting to Help You Now
Our DWI accident lawyers in Albuquerque work on a contingency basis, so you and your family do not have to worry about how you are going to pay your legal fees. You will pay no upfront fees or attorney fees at all unless we get you compensation for your claim. That is our promise to families who have already endured tragedy.
Dealing with insurance companies can be a challenge, especially when the liable party is a drunk driver. Insurance adjusters may attempt to downplay the impact of the collision or offer settlements that don’t accurately reflect the damages suffered. It is not unusual for insurance policies to specifically exclude punitive damages related to drunk driving. This where is becomes critical to have an attorney advocating on your behalf. Getting compensation for drunk driving victims can be tricky and having personal injury attorney on your side will help maximize your potential recovery.
At Cassidy Baca, P.C., we are experienced attorneys in bringing drunk driving lawsuits, and we know a victim’s rights in DWI accident cases.
Speak with an Experienced Drunk Driver Accident Lawyer in Albuquerque Right Away
If you have been injured due to a drunk driver or lost a loved one due to a drunk driver, and you want to hold the drunk driver responsible for your loss, contact our Albuquerque DWI attorneys at (505) 717-2992 for a free case evaluation today.
Communities We Proudly Serve Near Albuquerque & Santa Fe, New Mexico
- Northeast Heights
- Corrales
- Los Ranchos
- North Valley
- 4th Street
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- Westside
- Taylor Ranch
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- Old Town
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- Gallup
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- Roswell
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- Truth or Consequences
- Artesia
- Carrizozo
- Raton
Speak with an Experienced Severe Injury Lawyer in Albuquerque Right Away.
If you have been severely injured in an auto accident, car crash, or truck collision in Sandoval County, contact our Albuquerque Injury attorneys for a free case evaluation today.