Unfortunately, drunk driving often results in fatal accidents and injuries. According to the National Highway Traffic Safety Administration (NHTSA), one person is killed every 45 minutes in the US due to drunk driving. In addition to death, injuries from a crash can change a person’s life forever, from long-lasting brain injuries to mobility problems. But can you sue a drunk driver for hitting you? Auto accident victims should be entitled to compensation to pay for their injuries and receive justice for the accident.

How likely is it that you will have a drunk driving accident?

There has been a recent increase in auto accidents in general. According to the NHTSA, an estimated 42,915 people were killed in car crashes in 2021. This is a 10.5% increase over 2020 and the most deaths since 2005. In car crashes involving alcohol, deaths increased 5%. From 2019 to 2020, alcohol-related accidents increased by 16%. This indicates that drunk driving accidents were higher in 2021 than before the pandemic in 2019.

A Thomas group study (conducted from mid-March to mid-July 2020) found that nearly two-thirds of serious or fatal car crashes involve a driver under the influence. These auto accidents may involve alcohol, marijuana, or opioids. It is no coincidence that wholesale alcohol sales are higher in 2021 than in 2019 and 2020.

According to the Centers for Disease Control and Prevention (CDC), a blood alcohol concentration (BAC) of 0.02% is equivalent to two alcoholic drinks. However, the BAC varies considerably by individual. At this point, visual functions decline and your ability to perform two tasks at once. A BAC greater than 0.08% (about four alcoholic beverages) is considered illegal in all states, with the exception of Utah (BAC of 0.05%).

Can you sue a drunk driver for hitting you?

In most cases, a person can sue for damages if they were hit by a drunk driver. No matter the type of car accident, the victim must prove who is at fault for the accident. The at-fault driver’s insurance company usually pays the claim. In California, the victim must prove that the drunk driver is negligent in failing to avoid harming others and is over the legal BAC limit.

Are drunk drivers always at fault? For example, if a person rear-ends a drunk driver, the drunk driver may not be at fault. Having alcohol in the system is often not enough evidence. That’s why it helps to know how to prove speeding in an accident, secure witnesses, take photos and other evidence, and call the police after any accident. Laws surrounding drunk driving vary by state.

When to consult with a personal injury attorney

No matter how simple the case may seem, attorneys can help gather the evidence and present a case against the drunk driver. Most importantly, they can help victims receive compensation for being hit by a drunk driver. People can sue for many things, including:

  • Medical bills and injuries
  • Pain and suffering
  • loss of income
  • permanent deterioration
  • Cicatrization
  • Change in quality of life
  • wrongful death

Can you sue a drunk driver for hitting you?

Absolutely. Not only does it help the victim receive the compensation he deserves, but it also punishes and discourages the drunk driver from driving under the influence again. If you or someone you know needs a personal injury attorney for a drunk driving settlement, Abogados Contigo has recovered over $1 billion in more than 25,000 cases. Read more about our no-win, no-fee policy and book a free consultation with one of our attorneys.

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