Getting hit by a drunk driver can be a terrifying and overwhelming experience, and you’re probably left wondering, “What now?” Fortunately, there are laws in place to help you get back on your feet, but figuring out what you’re entitled to can be tricky. Let’s break it down in a way that’s easy to understand, and yes, we’ll sprinkle in some stats to show how common—and serious—this issue is.
1. First Things First: Medical Expenses
You’re likely dealing with injuries, which means hospital bills, doctor visits, and maybe even physical therapy. The good news? You shouldn’t have to pay for any of it. The driver’s insurance (assuming they have it) is supposed to cover all your medical costs. This includes everything from the ambulance ride to your ongoing treatments. If the driver doesn’t have insurance, you can still go after their personal assets.
And if they have no assets? You might be covered by your own insurance under uninsured motorist coverage. Basically, you’re entitled to have all your medical bills covered, no matter how high they stack up.
2. Lost Wages: What Happens When You Can’t Work?
If your injuries keep you from going to work, you’re entitled to compensation for lost wages. This covers both the money you would’ve made while recovering and any future earnings lost if your injuries are long-term. That’s right—if you can’t return to your job because of this accident, you can seek compensation for future earning potential.
In some cases, courts might even award something called “loss of earning capacity.” That’s basically extra money to make up for how the accident might affect your career moving forward. If your job requires physical work and you’re now unable to perform it, the payout could be significant.
3. Pain and Suffering: It’s Not Just About Physical Injuries
Accidents caused by drunk drivers can lead to more than just physical injuries; the emotional toll can be severe. Pain and suffering compensation is meant to cover the non-economic damages—the things that aren’t as easy to put a price tag on. This could be anxiety, depression, PTSD, or even a lowered quality of life.
In legal terms, this is called “general damages” and can make up a significant part of your claim, especially if your injuries affect your day-to-day life.
4. Property Damage: Say Goodbye to That Car?
If your car was totaled (or even just badly damaged), you’re entitled to compensation for property damage. This doesn’t just cover your car, though. It also includes any personal belongings in the car that were destroyed or damaged. Whether it’s your laptop, phone, or even a favorite pair of sunglasses, the other driver (or their insurance) needs to cover the cost.
5. Punitive Damages: The Court’s Way of Saying “Not Cool!”
In drunk driving cases, courts sometimes award punitive damages—an additional sum of money meant to punish the drunk driver and send a message that reckless behavior isn’t tolerated. This is above and beyond your compensation for injuries, wages, and emotional distress.
According to statistics, about 28 people in the U.S. die every day in crashes involving a drunk driver, and countless others are injured. The legal system takes this issue seriously, and if you were hit by someone who was drunk, you could be entitled to these punitive damages as a way to hold them accountable.
6. Statistics That Might Surprise You
- In 2020 alone, there were over 11,000 deaths in the U.S. related to drunk driving accidents.
- Approximately 30% of all traffic-related deaths involve alcohol-impaired drivers, according to the National Highway Traffic Safety Administration (NHTSA).
- If you’ve been hit by a drunk driver, you’re part of the roughly 1 million Americans injured each year in alcohol-related crashes.
7. What If the Driver Gets Off the Hook?
Sometimes, the drunk driver might dodge criminal penalties, but that doesn’t affect your civil case. You can still file a personal injury lawsuit even if they weren’t convicted of DUI. Civil lawsuits have a lower burden of proof, so while the criminal system might let them off, you can still hold them responsible and get the compensation you deserve.
8. Get a Lawyer—You’re Gonna Need One!
Finally, if you’ve been hit by a drunk driver, it’s in your best interest to contact a lawyer. These cases can get complicated, especially if you’re dealing with insurance companies that want to pay out as little as possible. A good personal injury attorney will help you understand your rights, navigate the legal system, and ensure you get what you’re entitled to.
Wrapping It Up
Being hit by a drunk driver can turn your life upside down, but the law is on your side. From medical bills to pain and suffering, and even lost wages, there are many avenues for you to get the compensation you deserve. And don’t forget, those punitive damages might just send a strong message that reckless behavior behind the wheel comes with serious consequences.
So, if you’ve been hit, don’t hesitate to take action. Your health, peace of mind, and financial stability are on the line—make sure you get everything you’re entitled to!
