Drunk driving accidents are unfortunately all too common and can have devastating consequences. In these accidents, innocent victims can suffer a wide range of injuries, both physical and emotional. Some of the most common injuries seen in drunk driving accidents include broken bones, head and brain injuries, spinal injuries, and internal organ damage. These injuries can have long-lasting effects on the victims, causing not only physical pain but also emotional trauma and financial burden.
If you or a loved one has suffered an injury in a drunk driving accident, it is imperative to seek compensation for your losses. Contact a compassionate Arkansas car accident lawyer in your area who is well-versed in helping victims of drunk driving accidents to discuss your legal options and advocate for the justice you deserve.
The Most Common Injuries in Drunk Driving Accidents
Drunk driving accidents can leave victims with severe injuries that require extensive medical treatment and long-term care. Understanding the most common injuries can help victims and their families recognize the impact of these accidents and seek appropriate compensation.
Head and Traumatic Brain Injuries (TBIs)
One of the most serious injuries that can occur in a drunk driving accident is a head injury or traumatic brain injury (TBI). These injuries often result from high-impact crashes and can have long-term effects on a victim’s cognitive function and overall well-being.
Concussions are a common form of TBI that can occur in drunk driving accidents. These occur when the brain is jolted and shaken within the skull, leading to temporary loss of consciousness, confusion, and memory loss. In severe cases, TBI can result in permanent disability, prolonged cognitive impairment, and even coma or death.
Spinal Cord Injuries and Paralysis
Drunk driving accidents can also result in spinal cord injuries (SCI), which can cause partial or total paralysis. Damage to the spinal cord can lead to loss of sensation and motor function below the site of injury. Depending on the severity of the injury, victims may require ongoing medical treatment, including physical therapy and the use of mobility aids.
Spinal cord injuries have a significant impact on a victim’s quality of life and can result in long-term medical costs, loss of income, and emotional distress.
Broken Bones and Fractures
The force of a drunk driving accident can cause significant trauma to the body, resulting in broken bones and fractures. Common fractures seen in these accidents include those in the ribs, arms, legs, and collarbones. The recovery process for these injuries can be painful and lengthy, often requiring immobilization and physical therapy.
In some cases, broken bones may not heal properly, leading to permanent mobility limitations and ongoing medical expenses. Seeking compensation for these injuries can help victims receive the necessary medical treatment and support to recover fully.
Internal Organ Damage and Internal Bleeding
Drunk driving accidents can cause severe, forceful impacts, putting victims at risk of internal organ damage and internal bleeding. Blunt force trauma to the abdomen can result in injuries to organs such as the liver, spleen, and kidneys. These injuries can be life-threatening and require immediate medical attention.
Internal organ damage and internal bleeding can have serious long-term consequences for victims, including the need for surgeries and ongoing medical treatment. Seeking compensation through a personal injury claim can help cover these medical expenses and ensure victims receive the necessary care.
Whiplash and Soft Tissue Injuries
Whiplash and soft tissue injuries are common in drunk driving accidents. These occur when the head and neck are forcefully moved back and forth in a sudden, rapid motion. Whiplash can result in pain, stiffness, and limited mobility.
Soft tissue injuries, such as sprains and strains, can also occur in these accidents, affecting muscles, ligaments, and tendons. These injuries can cause long-term pain and mobility issues, requiring ongoing medical treatment and rehabilitation.
Facial Injuries and Disfigurement
The impact of a drunk driving accident can cause severe facial injuries, including broken noses, jaw fractures, and dental injuries from airbags, dashboards, and shattered glass. These injuries can result in significant scarring and disfigurement, requiring reconstructive surgeries and long-term medical treatment.
Facial injuries not only cause physical pain and emotional distress but can also have a lasting impact on a victim’s self-esteem and quality of life. Seeking compensation for these injuries can help victims cover the costs of medical treatments and reconstructive procedures.
Psychological Trauma and Emotional Distress
In addition to physical injuries, drunk driving accidents often leave victims with psychological trauma and emotional distress. Post-traumatic stress disorder (PTSD), anxiety, and depression are common psychological effects experienced by victims of these accidents.
Psychological trauma can have a significant impact on a victim’s ability to work, maintain relationships, and enjoy daily activities. Seeking compensation for psychological trauma can help victims receive the necessary therapy and support to cope with these emotional challenges.
Steps to Take After a Drunk Driving Accident
If you or a loved one has suffered an injury in a drunk driving accident, take the following steps to protect your rights and maximize your chances of receiving fair compensation:
Seek Immediate Medical Attention
After a drunk driving accident, it is in your best interest to seek medical attention, even if your injuries seem minor. Adrenaline and shock can mask the full extent of your injuries; prompt medical care can ensure an accurate diagnosis and proper treatment.
Medical records play a valuable role in personal injury claims, serving as relevant evidence of the injuries sustained as a result of the accident. Your medical records will help establish the link between the accident and your injuries, supporting your compensation claim.
Avoid Speaking to Insurance Adjusters Without a Lawyer
Insurance companies may contact you after the accident to gather information and assess the claim. It is essential to consult with a drunk driving accident lawyer before speaking to insurance adjusters. Insurance adjusters are trained to minimize claim payouts and may try to use your statements against you.
Having a drunk driving accident attorney by your side will ensure that you understand your rights and that your interests are protected during conversations with insurance companies. Your lawyer will handle all communication with insurance adjusters on your behalf, helping you avoid any missteps that can jeopardize your claim.
Should You Still Pursue a Personal Injury Claim in a Drunk Driving Accident if the Driver Faces Criminal Charges?
Yes, you should still pursue a personal injury claim even if the drunk driver is facing criminal charges. A criminal case and a personal injury claim serve different purposes, and winning one does not automatically compensate you for the other. It is imperative to understand how these legal processes differ and how they can impact your financial recovery.
Criminal Charges vs. Civil Claims in Drunk Driving Accidents
- Criminal Charges: When a driver is arrested and charged with DUI, the case is prosecuted by the state. The goal of criminal charges is to punish the offender through penalties such as fines, license suspension, or jail time. However, a criminal conviction, unfortunately, doesn’t result in direct financial compensation for victims.
- Personal Injury Claim (Civil Lawsuit): A personal injury claim is filed by the victim (or their attorney) to seek compensation for damages such as medical expenses, lost earnings, pain and suffering, and other losses. This case is independent of the criminal case and focuses on the victim’s financial recovery.
Why a Criminal Conviction Does Not Guarantee Compensation
Even if the drunk driver is convicted in criminal court, victims do not automatically receive financial restitution unless the court orders the driver to pay through restitution (which is often limited). A personal injury lawsuit allows victims to recover the full amount of damages they are entitled to, including:
- Medical expenses (current and future)
- Lost earnings and reduced earning capacity
- Property damage
- Pain and suffering
- Punitive damages (additional compensation meant to punish reckless behavior)
How to Seek Compensation for Injuries in a Drunk Driving Accident
If you have suffered an injury in a drunk driving accident, you have the right to seek compensation for your injuries and losses. Here are the steps involved in pursuing a personal injury claim:
Filing a Personal Injury Claim
To seek compensation, you must file a personal injury claim with the drunk driver’s insurance company. The claim will outline the damages you have suffered as a result of the accident, including medical bills, lost earnings, and pain and suffering.
Working with an experienced drunk driving accident attorney is essential during this process. They will handle the complexities of personal injury law and ensure that your claim is comprehensive and accurately reflects your losses.
Holding the Drunk Driver Liable
Proving the drunk driver’s negligence is an essential step in securing compensation. Your car accident attorney will gather evidence, such as police reports, witness statements, and medical records, to establish the drunk driver’s responsibility.
In cases where the drunk driver has been charged with a DUI, the criminal charges can strengthen your civil case, as they further prove the driver’s negligence and disregard for the safety of others on the road.
Suing for Punitive Damages
In some cases, victims of drunk driving accidents may be eligible to sue for punitive damages. Punitive damages are awarded in addition to compensatory damages and are meant to punish the drunk driver for their reckless behavior.
To seek punitive damages, your drunk driving accident attorney will need to prove that the drunk driver acted with gross negligence or malicious intent. Punitive damages not only hold the drunk driver accountable but can also provide additional compensation to help cover the cost of your injuries and losses.
What If the Drunk Driver is Uninsured?
If the drunk driver does not have insurance or their policy is insufficient to cover your losses, you may still have options for seeking compensation. Your car accident lawyer will explore avenues such as uninsured motorist coverage or filing a personal injury lawsuit against the at-fault driver.
Uninsured motorist coverage is an insurance policy that can provide compensation to victims of accidents involving uninsured or underinsured drivers. If you have this coverage, you can make a claim for your injuries and losses.
Filing a personal injury lawsuit against the at-fault driver is another option for seeking compensation. Your drunk driving accident lawyer will guide you and advocate for your rights in court.
Why You Need a Car Accident Lawyer for Your Drunk Driving Injury Claim
The legal process after a drunk driving accident can be complex and overwhelming, especially while recovering from injuries. Hiring a car accident attorney to handle your case offers several advantages:
Investigating the Accident and Gathering Evidence
Car accident lawyers have the knowledge and resources to thoroughly investigate the accident and gather all necessary evidence to support your claim. They will obtain medical records, police reports, and expert testimonies to build a strong case on your behalf.
Negotiating with Insurance Companies
Insurance companies often attempt to minimize claim payouts, prioritizing their own interests. Having a car accident attorney by your side will level the playing field and ensure your rights are protected during negotiation. Your lawyer will advocate for the maximum compensation you deserve, considering all past, present, and future damages.
Maximizing Compensation
A car accident lawyer will help maximize your compensation by considering all aspects of your injuries and losses. They will assess medical expenses, lost earnings, future medical needs, pain and suffering, and other relevant factors to ensure you receive fair and comprehensive compensation.
Taking the Case to Trial if Necessary
If a fair settlement cannot be reached through negotiations, a car accident attorney will have the litigation skills and courtroom experience to take your case to trial. They will present your case effectively and persuasively, fighting for your rights and securing the compensation you deserve.
Were You Injured in a Drunk Driving Accident? Contact a Seasoned Car Accident Lawyer Today
Don’t face the aftermath of a drunk driving accident alone. Whether you have suffered physical injuries or emotional trauma, seeking compensation is your right. Contact an Arkansas personal injury lawyer today to discuss your legal options and advocate for the justice you deserve.
Remember, most car accident lawyers work on a contingency fee basis, meaning there are no upfront costs for you. Act quickly, as there are legal deadlines to file a claim. Contact a car accident lawyer today to protect your rights and secure the compensation you need to move forward.