Though you may take the necessary measures to prevent a car accident, others may not share the same concerns. As such, if you’ve been injured by a drunk driver, understanding your legal options is critical. It’s imperative to understand that you are eligible to fight for compensation for any damages you’ve sustained due to the illegal and negligent actions of the other driver. The following blog explores how you should proceed following the collision and what you should know about seeking compensation with the help of Baltimore County drunk driving accident attorneys.
What Should I Do After I’m Hit by a Drunk Driver?
If you have reason to believe the driver who hit you was under the influence at the time of the accident, understanding how to proceed is critical. Generally, one of the first things you should do is assess yourself and any passengers to determine the severity of any injuries sustained. This provides the 911 operator with as much information as possible about the injuries sustained to help the emergency medical technicians respond effectively when they arrive on the scene. You should also inform the operator that you believe the negligent driver is under the influence. They can alert the police, helping to ensure the driver is adequately assessed for signs of intoxication.
If you are physically able to exit your vehicle, you should do so to take photos and videos of the damage to both cars. You should also photograph your injuries. In the event the other driver is aggressive or belligerent because of their intoxication, you should remain in your car until the police arrive on the scene.
Additionally, you should refrain from posting anything regarding your accident on social media. Insurers may monitor your online activity to look for anything they can use to devalue your claim. Even something like a photo of you smiling with friends may be used by the insurance company to cast doubt on the pain and suffering you claim to endure.
How Do I Prove the Other Driver Is Drunk?
When you are struck by a drunk driver, the steps you must take to fulfill the burden of proof will differ slightly. This is because drunk driving is considered negligence per se. Typically, when you are involved in a car accident, there are four elements of negligence you must prove. However, once you can show that the driver was under the influence, typically by using the police report and subsequent arrest record, the burden of proof lessens, making it easier for victims to hold drunk drivers accountable.
Helpful evidence can include:
- The police report and observations from the responding officers
- Breath or blood tests
- Photos and videos from the scene
- Witness statements that illustrate the driver’s conditions leading up to the accident
- Medical records of the injuries you suffered
How Do I Sue a Drunk Driver in Maryland?
Seeking compensation for the injuries you’ve sustained in a car accident can be incredibly difficult. As such, it’s critical to understand your legal options during these matters. Generally, you can seek compensation for damages like your medical care, lost income if you are unable to work, pain and suffering, and damage to your vehicle.
Even though the burden of proof is substantially lower for accidents in which one driver was intoxicated, Maryland still adheres to a contributory negligence statute. This means if the defendant can prove that you contributed to your accident in any capacity, even as low as 1%, you will be prohibited from seeking compensation for the damages you’ve sustained. As such, ensuring you have an experienced attorney on your side to help guide you through these times to fight for the compensation you deserve is vital.
You should also note that, in Maryland, the statute of limitations for personal injury claims is three years from the date on which the accident occurred. If you do not file a claim within this timeframe, you can lose your right to recover compensation for the damages you suffered.
At the Law Offices of Markey & Orsi, we understand how devastating it can be to sustain injuries caused by an intoxicated driver. Our firm has been representing those injured in Towson and across Maryland for over thirty years. That’s why our firm will do everything possible to assist you during these difficult matters. When you need help, our team is ready to fight for you. Contact us today to learn more.