Hit by a DUI Driver? How to Sue for Money Damages

Were you hit by a DUI driver? If so, chances are that you’re feeling overwhelmed and possibly confused. Don’t worry. If you’ve been hit by a drunk driver, settlement is possible.

If you’ve been injured, you may have a right to sue for damages to compensate you for your losses. These losses can be significant and varied, so it’s important to actually speak to an attorney about your case so that you can secure DUI accident settlement compensation. Call us at 1-800-THE-LAW2 or use our contact form to connect to an experienced attorney in our network for a free consultation.

All that being said, we understand you might be feeling anxious and alone. The first thing to understand is that you’re NOT alone in dealing with a drunk driving incident.

According to data reported by the National Highway Traffic Safety Administration (NHTSA), drinking and driving kills 28 people every single day. That’s more than a death per hour. Simply put, drunk driving accidents are a serious problem across the United States.

Let’s take a closer look at DUI accident lawsuits.

What to do after a drunk driving accident

Being involved in an accident with a driver under the influence can be a traumatic and confusing experience. If you’ve been hit by a drunk driver, you may be entitled to a settlement to compensate for your losses. Understanding how to navigate the aftermath of such an incident is crucial in ensuring you receive the justice and compensation you deserve.

  1. Suing a Drunk Driver: Yes, you can sue a drunk driver for hitting you. Driving under the influence is a serious offense, and if their irresponsible behavior resulted in your injury, you have the right to seek legal action.
  2. Filing a Claim: The process typically begins by filing a claim, which involves documenting the incident, your injuries, and any property damage. This is an essential step in pursuing compensation for economic damages such as medical bills, lost wages, and other financial losses.
  3. Seeking Legal Guidance: Knowing how to sue a drunk driver involves understanding various legal options and strategies. A skilled attorney can guide you through the process, from filing the claim to negotiating a settlement or, if necessary, taking your case to court.
  4. Maximizing Your Settlement: The goal is to ensure you receive fair compensation for both economic and non-economic damages. This can include medical expenses, lost income, as well as pain and suffering caused by the accident.

Hire a lawyer

Lawyers are incredibly important at every step of the accident-lawsuit process. Though television and movies have convinced the public that lawyers primarily litigate cases in court, the truth is that lawyers play a role throughout. They assist clients with evidence gathering, ensure that there are no problematic disclosures that could undermine the case, negotiate settlements, and implement legal strategies. Working with a lawyer early is also critical, as they will take steps to move your case forward in a timely manner, which avoids issues with legal deadlines.

Seek medical attention

The first priority after an accident is to obtain medical attention as soon as possible, given the circumstances. If you are seriously injured, you should not spend too much time loitering at the accident scene, for example. Instead, you should go to the nearest hospital or get an ambulance.

Delaying this can undermine your claims, as the defendant may try to argue that your delays worsened the injuries. They may also try to argue that your delays prove that the injuries were not that serious to begin with.

Collect evidence

If you aren’t “obviously” injured, then you can take a moment at the accident scene to collect evidence: taking photos of the crash and your injuries, getting the contact information of eyewitnesses, writing down notes, and more. This can be valuable for supporting your factual narrative in the upcoming dispute.

React appropriately as the case develops

As the case proceeds, you and your attorney will have to react and respond to the developments in the case. If the judge restrict the type of evidence that you can introduce, for example, then you’ll have to reconsider your overall legal strategy and how you’re framing the case arguments. Being able to react and respond quickly, efficiently, and effectively is important to the success of your claims.

Average Settlement for a drunk driving accident

There is no average settlement for drunk driving accidents in California that you should expect to receive for a drunk driving accident. Every case is different, and the circumstances surrounding the case will vary enough that an analysis will require quite unique considerations. However, a number of factors can be used to calculate the settlement amount that you’ll want to focus on. This number can of course be negotiated further with the opposing counsel.  

Bear in mind that settlement amounts are calculated on the basis of the uncertainty of potential trial litigation. If you are more likely to win at trial, and you have strong evidence of the damages you’re claiming, then the settlement amount will be proportionally higher. That’s how settlement calculations generally work.

Factors relevant to DUI accident compensation in a settlement

  • Fault
  • State and federal laws
  • Drunk driving damages and injuries
  • Circumstantial factors favoring one party’s perception

Fault

The more thoroughly you’re able to prove the defendant’s fault, the higher the settlement can be. For example, in some cases, the defendant simply cannot reject your arguments and has to admit fault. This can increase your settlement amount substantially. Bear in mind, however, that they can continue to push down the settlement amount by arguing that the damages are low.

In a personal injury lawsuit stemming from a drunk driving accident claim, establishing fault is a cornerstone. The clearer and more convincing the evidence of the other party’s fault, the stronger your claim becomes. In the context of drunk driving, fault often seems straightforward, as driving under the influence is a clear breach of legal and safety standards. However, the legal process requires concrete evidence to prove this fault beyond just the fact of intoxication.

Your lawyer will work to gather all necessary proof, such as police reports, breathalyzer results, and witness testimonies, to firmly establish the other party’s fault in the accident. The objective is to leave no room for doubt that the drunk driver’s actions directly caused the accident and your subsequent injuries.

Successfully proving fault in a drunk driving accident claim not only strengthens your case for receiving compensation but can also influence the amount of damages awarded in your personal injury lawsuit. Remember, the burden of proof lies with you, the plaintiff, so meticulous and comprehensive evidence collection is vital.

State and federal laws

Laws can influence your settlement amount, as they describe the contours of your legal claim. If the laws support your claims, then the defendant will have a difficult time countering your assertion of liability and damages. Generally speaking, the more definitive the legal framework that supports your claims, the higher the settlement you’ll be able to negotiate.

Understanding the interplay of state and federal laws is crucial, especially in terms of insurance coverage in a drunk driving accident case. A proficient drunk driving accident lawyer will be well-versed in these laws and how they impact your claim.

For instance, certain state laws might dictate the minimum insurance coverage requirements and how these influence the compensation you can receive. Additionally, there might be specific state laws that allow for punitive damages in cases of gross negligence, such as drunk driving.

Drunk driving damages and injuries

The more severe your injuries, the larger your damages amount will be and the higher your settlement that you can negotiate. Do bear in mind that a damages claim must be accompanied by strong evidence. If you do not have the evidence to support your damages claim, then the defendant will be able to counter with their own assertion, which is likely to be much lower.

In cases involving impaired drivers, the extent of damages and injuries often dictates the progression and outcome of your personal injury case. Legal representation plays a crucial role in accurately assessing and presenting these damages.

A lawyer specializing in such cases will thoroughly evaluate the impact of the injuries sustained — ranging from physical injuries to psychological trauma. This comprehensive assessment includes immediate medical expenses, long-term care costs, lost wages, and even the potential for future earnings loss, which can be significant in cases of severe injuries.

Your legal team will compile medical records, expert testimonies, and other evidence to build a strong case highlighting the extent of harm caused by the impaired driver. This is vital, as the severity of the injuries and the associated costs directly influence the compensation you may receive.

A skilled attorney understands how to present these damages effectively in your personal injury case, ensuring that the court or the insurance company comprehends the full impact of the accident on your life. It’s through this detailed and strategic presentation of facts that legal representation can substantially affect the outcome of your claim against an impaired driver.

Circumstantial factors favoring one party’s perception

Many circumstantial factors can influence how the jury would perceive one or both parties. For example, in a drunk driving accident, the drunk driver may try to paint themselves as likeable and “not that bad” by explaining that they were just buzzed at the time of the accident, not drunk.

You can and should counter these attempts to tip the scales of perception. In this instance, you’d want to make it clear that buzzed driving is drunk driving, and that violating the legal limit for alcohol is sufficient for a DUI accident claim.

How a car accident lawyer can help

Drunk driving accidents can be overwhelming. If you’ve been injured by a drunk driver, then you may be entitled to sue for damages. These cases can involve a lot of unforeseen complications, however, so you’ll want to speak to an experienced car accident lawyer for guidance. A car accident lawyer can handle all aspects of the case, from helping you gather evidence, to developing a legal strategy, to negotiating a settlement, and litigating the case at trial.  

Ready to speak to an attorney? Call us at 1-800-THE-LAW2 to connect to an attorney in our network. Consultation is free and confidential, so don’t delay!

FAQs — Drunk Driving Accidents

What is Title Jumping? Exploring the Consequences of Accidents with a Jumped Title

Getting in a car accident is not a particularly good situation to be in, but things can get worse still. For example, if the vehicle has a jumped title, the accident dynamic can become even more stressful and complex complex. To help you determine your best next steps, let’s explore what title jumping is, its risks and consequences, and, of course, your legal options.

What Is Title Jumping?

A car title is a legal document designating vehicle ownership. It includes:

  • The Vehicle Identification Number (VIN)
  • The make and model year
  • Date of issue
  • Body style
  • Fuel type
  • Owner name and address
  • Lien information
  • Other pertinent details

If a person buys a vehicle without putting it in their name and then sells it, it is known as title jumping. This illegal act is also referred to as title skipping or floating. When there is a jumped title issue, the new buyer cannot register the car in their name with the DMV. The individual becomes subject to related problems, such as unpaid fees and missing signatures.

Car buyers title-jump for several reasons, the most common of which include:

  • Selling multiple vehicles per year but not wishing to register with the state as a licensed dealer due to the expenses involved.
  • Refusing to pay taxes and fees, such as registration fees, sales taxes, and titling fees, before reselling a vehicle.
  • Not wanting to inform the new buyer about serious issues with the vehicle, such as flood damage, a failing transmission, or continual engine problems.
  • Selling salvaged vehicles with no titles, maintenance histories, and other essential documents.

“Shady” or unscrupulous car dealership employees can also engage in this practice. However, victims of title jumping typically purchase vehicles via third-party sellers, such as private sellers, or through online means. Facebook Marketplace and Craigslist are two forums for local vehicle sales that can result in title floating issues.

Is Title Floating a Felony?

Floating a title is considered a felony in most states, including Iowa where it is unlawful for a manufacturer, dealer, importer, or any other vehicle seller to “sell or dispose of” a vehicle without the proper title and other registration information.

Some states, such as California, use forms called Release of Liability. Sellers complete this form as part of the selling process, which includes furnishing information about their buyers. If this form is not submitted to the appropriate DMV branch, the state will suspect title fraud. This is because the California Department of Motor Vehicles does not consider a car or truck transferred out of the seller’s name unless this form is submitted.

Was the title of your car jumped? Call 1-800-THE-LAW2 today to find an attorney who can help your situation.

Can I Sue Someone for Title Jumping?

It is possible to take legal action against someone who sold you a vehicle without the proper title, but it can be difficult. The seller might have provided a fake name, deleted their listing on Craigslist or Facebook Marketplace, or left the state, making it challenging to locate the individual and serve them. If you purchased the vehicle from a car dealership, you can file a legal claim against the company.

How to Report Someone for Title Jumping

If you suspect that you’ve been a victim of title jumping, it’s important to act quickly to protect yourself. Here are the steps to take to report someone for title jumping.

  1. Gather information. Make sure you gather all the necessary information, including details about the vehicle, the suspected title jumper, and any relevant supporting documents like the bill of sale or any communication with the seller. Obtain a copy of the title and take note of any discrepancies you notice.
  2. Contact your local police department. File a police report and explain the situation.
  3. Contact your local DMV. Find the contact information for your local DMV office and give them a call. Explain the situation with as much detail as possible and ask about the process for reporting title jumping in your area. They can investigate the matter and help you recover the title.
  4. Remain anonymous if necessary. If you’re worried about possible consequences, you can check with the DMV to find out their policy on anonymous reporting. In certain areas, you can report suspicious activities without disclosing your identity.
  5. Seek legal advice. A lawyer can help you understand your rights and options, especially if you have suffered financial losses.

Investigations can take a while, so it’s important to be patient.

Reporting someone for title jumping is a responsible move that helps keep the vehicle title system in check. By following these steps, you’re doing your part in ensuring a fair and legal process for buying and selling vehicles, avoiding possible fraud, and making sure the ownership transfer goes smoothly.

How to Fix Title Jumping and What to Do

Should you decide to take legal action, contact an attorney with experience in title fraud. The lawyer will assist you throughout the legal process and answer any questions you have. Typical actions include filing a police report detailing the time, location, and date of the purchase. Any conversations with the seller should be included.

You will also want to capture images of your vehicle, make copies of paperwork connected to the sale, and call your local DMV. As mentioned above, the department may be able to provide assistance regarding a new title. Such titles are known as bonded titles.

Bonded Titles

What Is a Bonded Title?

Bonded titles are furnished by surety companies. They remain bonded for a set period and come with a risk.

Risk of Bonded Title

During this time, the previous seller can claim the bond and therefore reveal themselves as the title owner. Whether the seller of the vehicle does or does not claim the bond, you must wait for the specified time before applying for a clean title. Clean titles indicate that the applicable insurance companies do not consider the vehicle’s “total losses.”

Some states do not accept bonded titles, including Pennsylvania, Kentucky, Delaware, New Jersey, Maryland, North Dakota, South Carolina, and Oregon.

Title Jumping Penalties

The penalty for title jumping depends on the state, but it typically includes imprisonment and fines.

  • Title jumping in Texas: If a vehicle seller engages in title skipping in Texas, but does not transfer a vehicle title to a new owner within 30 days of the sale, this individual pays a fine of up to $4,000. There are no fee waivers, with the seller also facing up to two years imprisonment for title jumping penalties in Texas.
  • Title jumping in California: In California, the seller must pay a $1,000 fine and spend one year in jail.
  • Title jumping in Missouri: Other states, such as Missouri, do not issue title penalties until 60 days after the date of sale.
  • Title jumping in Michigan: In Michigan, floating a title can result in 93 days of imprisonment, a fine of up to $100, or both.

Is it Possible to Sell a Car Without a Title in My Name?

You may wonder – Can I sell a car without a title in my name? While selling a car with no title is regarded as a felony in most states, there are loopholes. For example, if a vehicle was abandoned on your property or you purchased the property featuring such a vehicle, it is technically yours.

To avoid title fraud issues, you must provide the local DMV with the VIN number to contact the previous owner. If the owner cannot be located or does not take responsibility for their vehicle, you are legally allowed to procure a title.

What to Do If You Are a Victim of Title Jumping

If you have been a victim of title jumping, contact an attorney as soon as possible to discuss your situation. Speak to a lawyer near you by calling 1-800-THE-LAW2. Consultation is free and confidential, so get started today!

Ask a Personal Injury Lawyer

Not sure what steps to take after being involved in a car accident or any other type of personal injury event? Don’t get overwhelmed or stressed about the process! Call today to ask a 24-hour personal injury attorney about your legal rights and potential personal injury claim.

As you may know, accidents and injuries can change your life. If you have an injury from an auto accident, defective product, or work-related slip and fall, you may not be able to immediately return to work. Also, paying medical bills and other expenses can be tough without your regular income. A personal injury lawyer can help you file an accident claim, so that you receive justice and fair compensation for your medical expenses.

Get 24/7 Help from Our Lawyer Network

When you find yourself in need of immediate legal assistance following an accident, our network of experienced attorneys is here for you around the clock. Whether you need a 24-hour car accident lawyer or help with other types of injuries, our 24-hour injury lawyers are ready to provide the legal representation you need.

Why Choose Our 24/7 Lawyer Network?

  • Immediate Assistance: Our accident lawyer 24 hours service ensures you can speak with a car accident lawyer after hours, giving you the support you need right away.
  • Dealing with Insurance Adjusters: Insurance adjusters may present you with a settlement offer quickly. Our experienced attorneys will help you navigate through insurance practices to ensure you receive a fair deal.
  • Comprehensive Legal Services: From understanding your accident case to providing free legal advice, our 24-hour injury lawyer team offers comprehensive support.
  • No-Cost Consultations: Find out your legal rights and options without spending a dime. Our free consultations ensure you have access to experienced attorneys without the financial pressure.
  • Success-Oriented Approach: Our attorneys work on a contingency basis, meaning they are committed to winning your case. If they don’t win, you don’t pay!

Services Available 24/7

  • Car Accident Cases: Reach a 24-hour car accident lawyer immediately to discuss your case.
  • Injury Support: Connect with a 24-hour injury lawyer for legal representation in various personal injury matters.
  • Free Legal Advice: Get free legal advice and understand your rights without any obligations.

Don’t let the complexities of legal processes overwhelm you. Call 833-581-2682 anytime, and let our dedicated network of attorneys work diligently to protect your interests. Whether it’s a car accident or another personal injury matter, we’re here for you 24/7, ready to provide the legal services you deserve.

Unfortunately, there is a limited time frame in which you are legally allowed to file a personal injury claim after an accident. Ask an accident lawyer about these deadlines and whether you are eligible for compensation. Call 833-581-2682 today and schedule a free consultation. Personal injury lawyers protect your rights and shield you from unfair insurance practices after an accident.

Speak with one of our personal injury lawyers, and find out if you are eligible for any of the following:

  • Treatment from medical specialists: Accidents can lead to complex injuries that require specialized care. Our personal injury lawyers can help you gain access to top medical specialists in fields relevant to your injury, ensuring you receive the best possible care for a full recovery.
  • Physical therapy and rehabilitation: Recovery often involves more than just immediate medical treatment. Your claim may include physical therapy and rehabilitation to restore function and mobility, whether it’s short-term recovery or long-term therapeutic support. Our attorneys can help ensure that these essential services are part of your compensation.
  • Car repair or replacement: If your vehicle has been damaged or totaled in an accident, the cost of repairs or replacement can be a significant burden. Our network of 24-hour car accident lawyers will negotiate with insurance companies to ensure that you receive fair compensation for your vehicle, getting you back on the road as quickly as possible.
  • Payment for lost wages: Missing work due to an injury can lead to a significant loss of income. Our experienced attorneys will work diligently to recover lost wages, ensuring that your financial stability is maintained while you focus on healing.
  • Monetary compensation for pain and suffering: Beyond medical bills and tangible costs, an accident can lead to emotional distress and ongoing pain that affects your quality of life. Our personal injury lawyers will fight for compensation that recognizes the pain and suffering you’ve endured, ensuring that your emotional and physical well-being are considered in any settlement or court judgment.

Don’t worry about paying upfront fees. Our personal injury lawyers work on contingency, which means one thing alone. That is, either you get paid, or you don’t pay at all! Our agents are available 24 hours a day, 7 days a week.

Experienced 24-Hour Personal Injury Lawyers

Accidents and injuries don’t follow a 9-to-5 schedule, and neither do our experienced attorneys. Whether you need assistance late at night or on weekends, our 24-hour injury lawyer team is available to provide you with immediate legal guidance. Committed to offering 24 7 personal injury lawyer support, our network of dedicated legal professionals can evaluate settlement offers, help you understand your rights, and work diligently to ensure you receive the compensation you deserve. No matter when the need arises, you can trust our team to be there for you, ready to assist with your case.

Additional benefits of calling us:

  • It’s easy.
  • We are open 24 hours a day, 7 days a week. Get 24-hour lawyer consultations.
  • You don’t pay a penny out-of-pocket.
  • Find out if you have a case right away.
  • The no-obligation consultation is free.
  • You don’t pay unless we win your case.
  • The call is confidential.

No more wondering how to talk to a personal injury lawyer. Call 833-581-2682 today and ask a personal injury lawyer if you qualify for compensation or other benefits. That’s 24/7 personal injury lawyer service for legal questions.

Ready to Call a Car Accident Lawyer? Here Are 4 Things to Look For | Car Accident Attorneys

Car accidents are among the most common types of personal injury claims, that’s fairly unsurprising to most people. After all, even minor car accidents can leave victims with serious injuries and expenses. 

Thankfully, the law entitles car accident victims to pursue compensation. That being said, you don’t want to move forward alone. It is important to work with an experienced attorney, they can help you navigate the complex, and often confusing, legal process.

When Should I Call a Lawyer After a Car Accident?

One of the most important things you can do after being involved in a car accident is to call an experienced car accident attorney as soon as possible. The sooner you secure legal representation, the more likely it is that your right to compensation will be protected.  Aside from receiving any necessary medical care, your next priority should be to meet with an attorney to discuss your case. But how do you find a good lawyer?

What to Look for in a Car Accident Lawyer

Finding the right car accident lawyer for your claim can sound stressful. However, this crucial task can generally be approached like hiring any other professional. Here are four things to look for when hiring a car accident attorney

What Are the Qualities of the Best Car Accident Lawyer?

Experience in the Type of Law You Need Help With

Is the attorney experienced? What type of law are they experienced in? You need a personal injury lawyer if you have been in a car accident. Finding an attorney near you who was great at getting your friend through a divorce or helping your parents plan their estate isn’t likely going to help your car accident claim much. While they may be effective, professional attorneys, they aren’t experienced in the type of law you need help with. Make sure you hire someone who has experience representing car accident victims.  

Litigation Experience

You will want to hire an attorney who also has litigation experience, one who isn’t afraid to take your claim to trial if it becomes necessary. Plenty of law firms are simply settlement mills, taking on every case they can, knowing they will settle it and move on to the next client. You want a lawyer who is committed to doing what is best for you. In some cases, doing what is best means refusing to settle and instead going to trial.  

Proven Track Record

Does the attorney have a proven track record of obtaining compensation for their clients—either through a negotiated settlement or a court award? While past results are no promise of their future performance, they can give some insight into how your case might end. For example, you want to hire a car accident lawyer with experience getting car accident victims what they deserve for their damages.

Good Communication

There are many outstanding lawyers out there; however, some are severely lacking in the communication department. They forget that they are representing real people with real issues and injuries. Clients call or email to ask for updates; they simply don’t respond or take weeks to respond. No one wants to be ignored during this stressful time of life. You deserve an attorney who will address your questions and concerns in a timely manner. When you meet with a potential attorney, ask them how they handle client communication. Will you be able to speak directly with them? Or will you speak with a receptionist or a paralegal? 

Good Standing and Reputation

It’s also essential to ensure that the attorney you want to hire has a good standing and positive reputation. You can check your local state bar organization to ensure their license hasn’t been suspended and they aren’t facing any type of disciplinary action from the state bar. You can also check with other reputable organizations and their peers to determine the attorney’s reputation. Online reviews from previous clients are also a good resource. If necessary, ask the attorney for recommendations. If they want your business, they should be willing to show you their reviews and why you should hire them.  

Is It Worth Getting a Car Accident Lawyer?

Far too many injured car accident victims shy away from seeking legal help. They think they can do it themselves, that car accident lawyer fees are too high, that they don’t have the money to pay for them upfront, or that having legal representation for a car accident doesn’t make any difference. However, legal representation can make a substantial difference in your claim.  

Even better, most offer free consultations. So, you can meet with them, then find out if you have a valid claim. Most car accident attorneys work on contingency fees only if you decide to hire them. This means you don’t pay them anything to get your case started or during the duration of your case. Once your case is over, they get paid out of any monies they obtain on your behalf. If they don’t obtain any, you don’t owe them anything. Many car accident victims receive more compensation with a lawyer than they would without one, even after the attorney has taken out their fees and services. 

Ready to Call a Car Accident Lawyer?

Are you ready to call a car accident lawyer? 

We make it easy for you. Simply call 1-800-THE-LAW2 or fill out our convenient online form. You’ll be connected to a qualified lawyer within 10 minutes.  During this free consultation, you can discuss your car accident claim, and our lawyer will answer any questions you might have.

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