Lawyer for DUI Accidents in Lexington County, SC
It is natural to get furious when someone else’s carelessness leads you or someone you care about to be harmed or mortally wounded in an auto accident. If you find out that the individual who brought about the motor vehicle accident was inebriated, it is even worse – why could someone be that careless? However, many victims of those car accidents will have the comfort of knowing that the driver that brought on their worries is likely to encounter severe consequences for that action.
Legal Consequences for Drunk Motorists
Understanding that the drunk driver should have penalties may come as a certain amount of comfort following the shock of a DUI motor vehicle accident. If an individual’s blood alcohol content (BAC) is above the lawful restriction for their age category and/or occupation, then they will be charged with a DUI (driving under the influence). This limit differs in accordance with the identifying variables of the individual involved. For instance, it is only .08% for those over 21 years of age and are not professional drivers. For individuals who are less than 21 years old, it is .02% and then .04% for commercial drivers.
A drunk driving charge arrest could substantially affect the driver’s present and future way of life. It can keep them from being allowed to obtain certain job opportunities, it may lead them to forfeit their license, and it may result in significant fines and time in jail. Depending on the circumstance, they could also be ordered to complete a drug and/or alcohol therapy plan in the hopes of helping them and avoiding future offenses.
Compensation Following a Drunk Driving Auto Accident
Understanding that the inebriated driver will encounter criminal repercussions can make you feel as though there’s a little bit of justice on this planet, but it doesn’t cover your damages or injuries. That’s where you should turn to the insurance policy of the at-fault person and/or start a lawsuit to recover damages.
Following a DUI automobile accident, you have to contact law enforcement officers, contact emergency medical help if needed, collect evidence (like photographs of the area, injuries and property damage), get the insurance policy and contact info of the driver, and acquire the contact information of eye witnesses. Combined with the BAC of the driver, all of the evidence which you acquire enables you to prove fault and the value of your damages.
Even when you did not need to contact urgent medical attention, you’ll want to see your doctor or go to the emergency room at the earliest opportunity after the accident. Through obtaining medical attention immediately after the incident, you ensure that you won’t overlook any sort of injuries, that you have proof of your personal injuries, and you aren’t considered liable for failing to address personal injuries, possibly worsening their effects.
Your lawyer will assist you to establish your damages and liability, but your steps and persistence for gathering and organizing the evidence can establish both. With regards to proving liability, you have to ascertain the following 3 factors:
- The inebriated driver owed you a duty of care.
- Through driving drunk, the motorist violated that duty of care.
- The breach of that duty of care was responsible for the crash and your injuries.
Various Forms of Compensation Are Available
It is possible to recover a variety of different types of compensation for your injuries, debts, and expenses following a Lexington County drunk driving car crash. You can receive all of your related healthcare expenses, recover your lost income and any kind of lost long term earning capability, obtain reimbursement for damage to property and suffering (perhaps emotional distress), and often punitive damages, too (intended to punish the drunk motorist). In situations where a death resulted from the incident, further damages might be due to fund funeral/burial costs, lost income of the loved one, and loss in consortium or loss of companionship.
Call the Michael Jeffcoat Firm
At the Michael Jeffcoat Firm, we know the challenges and process of seeking compensation after a drunk driving auto accident in Lexington County, so contact us to understand more about what we are able to do for you.