Facing a hit-and-run case is traumatic. It becomes even more severe when the responsible party is driving while intoxicated (DWI) of alcohol or drugs. Unfortunately, these incidents happen frequently across the USA. Understanding your rights and following the right procedures to get to the bottom of the hit-and-run case can greatly impact the outcome. What’s more, having a lawyer, who is experienced in personal injuries, can make a significant difference to your case.
This blog will explain your rights in a hit-and-run case involving a drunk driver. It also offers recommendations on how to receive appropriate compensation and seek justice.
What is a Hit-and-Run by a Drunk Driver?
A hit-and-run occurs when someone involved in an accident leaves the scene without helping. They also do not provide their contact information. This is illegal in the U.S., no matter who caused the accident.
A drunk driver breaks two laws. First, they are driving while intoxicated (DWI) and fleeing the scene. This makes the case more serious for them. It also strengthens the victim’s case.
According to the National Highway Traffic Safety Administration (NHTSA), about 32% of all traffic deaths in 2022 involved drunk drivers. Many of these cases included hit-and-runs. Intoxicated drivers often try to avoid getting caught. There are approximately 737,000 hit-and-run crashes each year. And a significant number involve drunk drivers.
Are you involved in a hit-and-run with a drunk driver? If yes. It is advisable to take legal support to hold them responsible.
Immediate Actions After a Hit-and-Run
If a drunk driver hits you and flees, take immediate action. The moments after the accident are crucial. Here’s what you should do:
● Get to Safety and Call 911
Move to a safe area if possible. Immediately call the police. Even if you don’t feel injured, report the accident. Mention any signs of intoxication, such as irresponsible driving or the smell of alcohol.
● Gather Evidence
Take photos of everything. For example, photograph the damage to your vehicle, any visible injuries, and the surroundings. Note any details about the fleeing vehicle, such as its make, model, or license plate.
● Seek Medical Attention
It is good to seek medical attention after an accident. It is possible you may feel good. But some injuries, like concussions or internal injuries, may not be immediately noticeable. And having medical documentation will also support your case later.
● Talk to Witnesses
If anyone saw the accident, get their contact information. Witnesses can help the police track down the drunk driver. They can also provide valuable testimony in your case. Be sure to obtain there addresses phone numbers DL numbers and any other contact information.
What Happens to the Drunk Driver?
If the police catch the drunk driver, they will face severe penalties. Here’s what they can expect:
● DWI Penalties
In the U.S., a blood alcohol concentration (BAC) of 0.08% or higher is illegal. And DWI charges can lead to license suspension, heavy fines, mandatory alcohol education classes, and even jail time. If someone was hurt or killed, jail time is almost certain.
● Hit-and-Run Penalties
Fleeing the scene of an accident, especially when someone is hurt, can result in major fines and jail time. A hit-and-run causing injury or death can lead to fines of up to $10,000 and up to 4 years in prison.
● Felony Charges
A hit-and-run incident that involves a DWI and causes injury is typically categorized as a felony.
Felonies carry more severe consequences. This includes long-term imprisonment and large fines. A felony can lead to a criminal record, higher insurance costs, and difficulty finding jobs in the future.
This means there is a stronger case for holding the driver responsible.
Your Rights as a Victim: What to Know
Are you a victim of a hit-and-run involving a drunk driver? You are entitled to several important rights. Here is what you can do:
Criminal Charges
The police will file criminal charges against the driver if they catch them. And you will need the help of an attorney for this. You will also have to provide evidence and possibly testify. And stay in contact with the police to get updates on the case.
Civil Compensation
You also have the right to file a civil lawsuit. This allows you to claim compensation for your losses from the accident, including:
- Medical Bills: You can claim the cost of all medical care related to the accident, from emergency treatment to physical therapy.
- Property Damage: You can recover the cost of fixing or replacing your vehicle.
- Lost Wages: If you missed work because of your injuries, you can claim the income you lost.
- Pain and Suffering and Mental Anguish: Seek compensation for emotional distress and physical pain. This can include anxiety, PTSD, or long-term trauma from the accident.
- Physical Impairment: If you are unable to engage in your normal activities the law allows you to recover for these damages.
- Disfigurement: If you are scarred or otherwise physically altered by the injuries you sustained in a collision with a hit and run or a drunk driver you are entitle to seek additional damages for your changed appearance.
In some cases, courts may award punitive damages. These are meant to punish the drunk driver for their reckless behavior. They also aim to prevent others from similar actions.
Why You Should Hire a Personal Injury Attorney
Understanding the legal aspects of a hit-and-run can be overwhelming. This is why having an experienced personal injury attorney in Johnson and Ellis County is crucial. Here’s how they can help:
● Gathering Evidence
Your attorney will collect all relevant evidence. This includes police reports, witness statements, and medical records.
● Negotiating with Insurance Companies
Insurance companies often try to settle for less than you deserve. But an attorney will ensure you receive fair compensation.
● Maximizing Your Compensation
An attorney will fight to get you compensation for all your losses. This includes medical bills, lost wages, and pain and suffering.
In Conclusion
A hit-and-run involving a drunk driver is a serious crime. But handling it alone is not a wise choice. You have rights that protect you. But understanding them is key to getting the justice you deserve. By knowing what to do after the accident, reporting everything, and seeking legal help, you can hold the drunk driver responsible.
Are you seeking justice as a victim of a hit-and-run case? Consult with our experienced personal injury or plaintiff attorneys in Ellis County. We are dedicated to protecting your rights and helping you secure the justice and compensation you deserve.