Can I Recover Compensation If I Was Hit by a Drunk Driver?

Serving Maryland, Washington D.C. & Virginia

Start Your Free Consultation
driver drinking beer

A drunk driver is a danger to themselves and others. 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?

You should start building your case right away. That means:

  • Calling the police so that they can make a report
  • Taking pictures of the scene and damaged vehicles
  • Talking to any witnesses
  • Looking for cameras that may have caught the accident on tape

It’s also important to get a description of the car and the driver, along with info like the license plate number. A drunk driver might panic and try to flee before the cops arrive.

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. Maryland and Washington, D.C. give accident victims three years to act in most cases. If you were injured in Virginia, § 8.01-243 gives you two years to take legal action. There are some exceptions, but you can usually expect a case to be thrown out if it’s filed after the statute of limitations expires.

What Kinds of Damages Can I Win?

Compensatory damages are awarded in car accident cases like this. You could be reimbursed for the economic costs of the accident, like medical bills and lost wages, but a fair offer also addresses the pain and suffering of the victim. If you are suffering from mental health or psychological issues after a crash, that should be factored into negotiations as well.

Because drunk driving is so dangerous, a drunk driver who causes a crash and injures someone else can also be sued for punitive damages. These are awarded when someone’s behavior is so negligent or egregious that an example needs to be made out of them to discourage others from engaging in the same kind of behavior.

Virginia has a cap on punitive damages, but Washington, D.C. and Maryland do not. You should ask your attorney whether pursuing these as a part of your settlement is a viable option.

What Happens If The Driver I’m Suing Gets a DUI?

As you take civil action against a drunk driver, the state might make legal moves as well. A prosecutor can charge the driver who hit you with a DUI. If they get a conviction, this can actually be used as evidence in your civil case. That can make it easier to prove that this driver was negligent.

Contact Our Law Firm Today

When you are ready to claim the compensation you deserve, contact McCarthy, Winkelman & Mester, L.L.P. and schedule a consultation. We can tell you more about your legal options and what our experienced attorneys can do to assist you.

Blogs

man with head down on table

Can I Get Compensation for PTSD After a Car Accident?

Just because it isn't a physical injury, that doesn't mean that you shouldn't be compensated if you develop PTSD after an accident.

Read More
man giving thumbs down

What Happens If My Car Accident Claim Is Denied by the Insurance Company?

Your insurance claim might be denied after a car accident, but that doesn't have to be the end of the matter.

Read More
someone looking at their phone while driving

How Does Car Accident Liability Work in Maryland?

If you want to sue for damages after a car accident, you're going to want to know how to prove the liability of another driver.

Read More