Being involved in a car accident is typically a shocking experience in which the details may quickly become fuzzy once your adrenaline kicks in. Combine it with the alarm of being hit by a drunk driver, and your own senses may fail you when it comes time to recall certain details. Therefore, working quickly to document as much as possible following a drunk driving accident will help to bolster a claim if a lawsuit is necessary. What should you document, and what questions should you ask?
One of the first things you need to do is call 911 to summon the police. Since proving fault will be a critical step in the process, a police report confirming an individual is over the 0.08 legal limit in the state of Delaware is a step closer to proving your case. Field sobriety tests and a chemical test to determine blood alcohol content will offer additional proof in confirming one’s impairment. What’s more, drunk driving in Delaware is considered a no-doubt liability case, which means anyone caught driving under the influence will be held responsible for causing the accident. Therefore, police reports and other interactions with authorities will give you the information you need to present a fact-based case.
Whose Insurance Do I File a Claim?
In 2022, alcohol was a contributing factor in 1,215 crashes, according to the Delaware State Police. Considering that one in seven drivers was reported to be driving without insurance that same year, according to the Insurance Research Council, there is a chance of being hit by a drunk driver without insurance. As a result, you may have to file a claim with your own insurance company and pursue a civil case to recoup your losses from higher insurance premiums or deductibles. If this is the case, a knowledgeable attorney can assist in knowing the proper channels to wade through to make sure you get your money back.
What Kind of Lawsuit Can I File Against a Drunk Driver?
While a prosecutor may look to file criminal charges against a drunk driver, a motorist injured by another can file a personal injury lawsuit. This typically acknowledges that the drunk driver is found negligent for getting behind the wheel of a vehicle in an altered state. While drugs or alcohol can be a factor, being under the influence of alcohol is traditionally easier to prove. However, either has legal backing and can be tried by a seasoned attorney. Additionally, punitive damages can be awarded to further punish reckless drivers and act as a deterrent to repeat such behavior in the future. This typically depends on whether the defendant is a repeat offender and has other prior drunk driving accidents.
Can I Sue the Restaurant or Bar Where a Patron Was Served?
In Delaware, there is no law in which a restaurant or bar can be sued by a third party injured in an accident by a patron who has been overserved. Known as a dram shop law, 42 states and the District of Columbia have such laws, but they do not apply in this state.
The Delaware Car Accident Lawyers at McCann Dillon Jaffe & Lamb, LLC Know the Laws When it Comes to Drunk Driving Accidents
Knowing what questions to ask after an accident can help to steer your case in the right direction. The Delaware car accident lawyers at McCann Dillon Jaffe & Lamb, LLC can walk you through the drunk driving laws that apply to your circumstances. Call 302-888-1221 or fill out our online form for a free consultation. Located in Wilmington, Delaware, we serve clients in Dover, Newark, and Middletown.