If you were injured due to the poor decisions of a drunk driver in Maryland, Washington, D.C., or Virginia, you may be entitled to fight for compensation for the damages you have suffered. In some instances, you may even be eligible for punitive damages. However, it’s critical to take the correct steps after an accident with an intoxicated driver to protect both your legal claim and your health. If you were hurt because someone got behind the wheel when they shouldn’t have, you should be able to recover compensation. A Prince George’s County drunk driving accident lawyer from our firm can help you build a case and hold a negligent driver accountable for the pain that they have caused.
What Should I Do After a Drunk Driver Hits Me in Prince George’s County?
Following a drunk driving accident, you may be left in pain, distress, and considerable financial hardship as a result of the negligence of an intoxicated driver. As such, the steps you take in the immediate aftermath of a collision are critical to protect your health and legal claim.
Unfortunately, drunk driving accidents can occur anywhere throughout the D.C. metropolitan area, including the Capital Beltway, Route 50, and Branch Avenue, often resulting in serious injuries.
Important Steps to Take at the Accident Scene
- Call 911 to request immediate police and medical assistance
- Inform the operator that you believe the other driver is under the influence
- Seek immediate medical attention, even if you feel okay or injuries appear minor
- Take photos and videos of the damage to all vehicles involved, your visible injuries, road conditions, and traffic signals in the vicinity
- Gather the names and contact information of witnesses
- Get the name, contact, and insurance information of the other driver
- Do not discuss or speculate on fault with the other driver, witnesses, or police
- Do not provide recorded statements to the negligent party’s insurance company without first contacting an experienced Maryland personal injury attorney
Why Police Reports are Imperative in Drunk Driving Accident Claims
When the police believe an individual involved in a collision is intoxicated, they may:
- Administer field sobriety tests
- Conduct a breathalyzer test
- Document intoxication
- Place the individual under arrest for DUI or DWI
This evidence can be incredibly important to establish negligence when pursuing a personal injury claim against the other driver.
Can I Sue a Drunk Driver for Injuries?
In many instances, yes. When a driver chooses to operate a vehicle while intoxicated, they may be held responsible for the financial damages caused by their reckless actions. In general, any time a driver is responsible for causing injuries through negligent behavior, they can face financial liability. Often, evidence, including DUI arrests, BAC results, surveillance footage, and accident reconstruction, may be used to help establish negligence and support the victim’s claim for compensation.
What if the Driver Is Convicted of DUI?
It’s important to understand that while you pursue a personal injury claim against the other driver in civil court, the state may pursue criminal charges against them. As such, if they are convicted of a DUI or DWI, the conviction can ultimately strengthen your personal injury claim by showing negligence.
What Compensation May I Be Eligible to Recover?
It’s important to understand that those injured by a drunk driver may be awarded damages, depending on the circumstances of the case. In general, the severity of the injuries and other losses suffered by the victim is heavily considered when determining financial compensation.
Economic Damages
- Hospital visits
- Surgery
- Rehabilitation
- Lost wages
- Reduced earning capacity
- Property damage
- Physical therapy
- Medication
Non-Economic Damages
- Pain and suffering
- Emotional distress
- PTSD, anxiety, and depression
- Reduced quality of life
- Loss of enjoyment of life
- Permanent disability or disfigurement
Can Punitive Damages Be Awarded?
Punitive damages are a special type of monetary award used to penalize those who act with reckless disregard and deter them, and others, from engaging in similar behavior in the future. However, it’s important to understand that, unlike Washington, D.C. and Maryland, Virginia imposes caps on the amount of punitive damages that may be awarded.
How Long Do I Have to Sue a Drunk Driver?
Each state has different rules about how long you have to sue a drunk driver for compensation, known as the statute of limitations. In general, failure to file within the statute means that the victim may be barred from recovery, even when damages and negligence are obvious. As such, understanding the statute of limitations is critical to ensure you can fight for compensation.
Statute of Limitations by Jurisdiction
- Maryland: Typically, three years from the date on which the injuries occurred
- Washington, D.C.: Typically, three years from the date on which the injuries occurred
- Virginia: Typically, two years from the date on which the injuries occurred
Contact Our Prince George’s County Personal Injury Firm
When you are ready to claim the compensation you deserve following a drunk driving accident in Maryland, Washington, D.C., or Virginia, the team at McCarthy, Winkelman & Mester, L.L.P. is ready to represent you. Contact our dedicated team today and schedule a consultation. We can tell you more about your legal options and what our experienced attorneys can do to assist you.
