Being involved in a drunk driving accident is something no driver can actually plan for. This means that the steps you need to follow to continue with a personal injury claim against the driver at fault may be somewhat different than if your claim was against a driver who was at fault for an accident, but not intoxicated. Let’s look at the basics of handling a drunk driving accident.
Determining Fault
You may think that because the other driver was drunk at the time of the accident, then they are automatically at fault for it. While this is the case in nearly all drunk driving accident personal injury claims, there are a few grey areas. For example, if the other driver was intoxicated but hadn’t broken any rules of the road, but you were found to be speeding, or you ran a red light, you could still be at fault for the accident.
Drunk Driving Accident Personal Injury Claim
Once the police report has been made, and the intoxicated driver has been taken to jail, it’s important to speak with an experienced personal injury lawyer. There are several ways the court could handle the driver’s court case. They may place him or her in a cell until they’ve “sobered up.” This is also called the “Drunk Tank.” If this is a minor or a first offense, then they will often be sent home to await their court date. However, if the driver has had several instances of drunk driving or the incident caused a lot of damage or injury, they will most likely be held in jail until their court date.
Serving the Driver While They Are in Jail
If the driver has been kept in jail after the drunk driving accident to await their day in court, then it’s possible to still continue with your personal injury case. One of the first steps of filing a claim is to submit the first documents to the court and then have them served to the other party. Because they are in jail and their whereabouts are known for sure, this can sometimes make the process of serving them more straightforward.
Proceeding with Your Case
Your personal injury lawyer can still proceed with your case while the other driver is in jail. If the person is found guilty of drunk driving on their court date and receives a sentence, this may help your personal injury claim as well. Their vehicle insurance company may hire a lawyer to represent them, or that may be up to the driver. However, even if the insurance company agrees to settle, this settlement is only for specific costs. The driver will be responsible for other expenses that their insurance company isn’t liable to pay.
Handling a drunk driving accident on your own can be overwhelming. That’s why it’s important to have a personal injury lawyer on your side who has experience working these types of cases. If you’re in the Fresno, Merced, Visalia, or Bakersfield area, the lawyer you want to talk to first is Martin Gasparian. With a free consultation, you can learn more about your rights as well as the possibilities of a claim should you decide to move forward. Call the Maison Law Offices at (559) 203-3333 to schedule that consultation.
