Alabama
Drunk Driving Accident Lawyer

If you’ve been injured in an accident caused by a drunk driver in Alabama, you’re likely dealing with physical pain, emotional distress, and financial strain. This overwhelming experience is made even more complex by the legal hurdles that come with pursuing compensation. 

In these situations, working with a skilled drunk driving accident lawyer is essential, especially as the complexities of drunk driving accident claims require specialized knowledge and experience.

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Your Guide to Drunk Driving in Alabama

James Helm, Personal Injury Lawyer

Understanding Alabama DUI Laws

In Alabama, driving under the influence (DUI) is a serious offense that can lead to severe criminal penalties. Alabama law defines DUI as operating a vehicle with a blood alcohol concentration (BAC) of 0.08% or higher. 

The limit for commercial drivers is 0.04%, and for drivers younger than 21, a BAC of 0.02% is considered over the legal limit. Alabama uses the term DUI (Driving Under the Influence) rather than DWI (Driving While Intoxicated), but both terms refer to the same type of offense: driving while impaired by alcohol or other substances. 

Injuries from a drunk driving accident can be severe and life-altering, and the driver responsible for causing the crash may face criminal charges. While a criminal case seeks to penalize the driver, it is separate from the civil lawsuit you might pursue to obtain compensation for your injuries. 

An Alabama car accident lawyer with experience handling drunk driving crash claims can explain how these two cases interact and help you understand your legal options.

The Impact of Drunk Driving

In 2022, according to the National Highway Traffic Safety Administration (NHTSA), there were 13,524 deaths resulting from motor vehicle crashes where at least one driver was impaired by alcohol. These incidents made up 32% of all traffic-related fatalities across the U.S. Drunk driving fatalities have increased by 31% since 2019. 

Motorcycle riders had the highest percentage of alcohol-impaired drivers involved in fatal crashes in 2022, with 28% of crashes, followed by passenger car drivers (25%), light truck drivers (21%), and large truck drivers (3%). Of the 13,524 alcohol-related deaths, 67% (9,047) occurred in crashes where at least one driver had a blood alcohol concentration (BAC) of .15 g/dL or higher. 

In Alabama, the NHTSA reported 988 traffic fatalities in 2022, with alcohol-impaired drivers involved in 479 of those. Drivers with a BAC of .08% accounted for 28% of drunk driving fatalities, while those with a BAC of .15% or more were responsible for 20% of the state’s traffic deaths.

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How a Criminal Case Impacts a Civil Lawsuit

When a drunk driver is prosecuted in a criminal case, the court’s focus is on determining guilt and administering penalties like fines, license suspension, or imprisonment. However, the outcome of a criminal case does not directly result in compensation for the victim’s injuries. 

If you’ve been injured in a drunk driving accident, you will need to file a civil lawsuit to recover damages for your medical bills, lost wages, pain and suffering, and other losses. Although the criminal and civil processes are separate, the criminal case can influence your personal injury claim. 

For example, a conviction for DUI can serve as strong evidence in your favor in a civil lawsuit, making it easier to prove the driver’s negligence. Even if the driver is acquitted in the criminal case or pleads to a lesser charge, you can still pursue compensation through a civil lawsuit because the burden of proof is different. 

A local lawyer familiar with Alabama DUI and personal injury laws can help you navigate the intricacies of these two cases and ensure you receive the compensation you deserve.

Why Drunk Driving Accident Cases Are Complicated

Drunk driving accidents involve a variety of legal, insurance, and procedural challenges. For example, Alabama’s contributory negligence law can complicate these cases. In Alabama, if you are found to be even slightly at fault for the accident (even just 1%), you may be barred from recovering any compensation. 

This makes it even more important to have a lawyer who understands how to build a strong case that highlights the other driver’s responsibility for the crash. 

Additionally, insurance companies may try to downplay the extent of your injuries or argue that the drunk driver did not solely cause the accident. Drunk driving accidents often result in significant medical bills, property damage, and long-term rehabilitation, making it vital to have an advocate who can push back against insurance tactics.

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How a Lawyer Can Help in Drunk Driving Accident Cases

When you’ve been injured in a drunk driving accident, you shouldn’t have to bear the burden of managing the legal process on your own. A local lawyer can take the lead in your case, ensuring that every aspect of your claim is handled effectively. Here are some of the ways a lawyer can help:

Investigation and Gathering Evidence

A key part of any personal injury claim is gathering the evidence needed to prove fault. In drunk driving accident cases, this may include:

  • Police reports that document the driver’s BAC, field sobriety tests, and arrest information.
  • Witness statements from people who saw the accident or observed the driver’s behavior before the crash.
  • Accident reconstruction to show how the crash occurred and who was at fault.
  • Medical records that show the extent of your injuries and connect them to the accident.

Your drunk driving accident attorney will lead this investigation, preserving critical evidence and making sure that nothing is overlooked.

Handling Insurance Companies

Dealing with insurance companies can be stressful, especially when you’re recovering from an accident. Insurance companies often try to minimize the amount they pay out by disputing fault or the severity of injuries. 

An experienced personal injury lawyer can take over all communications with the insurance company, negotiating on your behalf to seek the compensation you need for your recovery. In fact, you should talk to a lawyer before you call the insurance company. Let your attorney take the lead, showing the insurer you have an advocate willing to fight for you. 

In drunk driving accident cases, the at-fault driver’s insurance company may be particularly aggressive in defending their client. A local lawyer who understands Alabama’s insurance laws can manage these complex negotiations, ensuring your rights are protected throughout the process.

Filing a Civil Lawsuit

If settlement negotiations with the insurance company are unsuccessful, your lawyer may recommend filing a personal injury lawsuit. This is often necessary in cases where the insurance company refuses to offer fair compensation or where the injuries are severe, and the financial impact is significant. 

By filing a lawsuit, you can seek compensation for:

  • Medical expenses (both current and future)
  • Lost wages if you are unable to work
  • Pain and suffering
  • Property damage
  • Although rare, your lawyer can ask for punitive damages in cases of gross negligence, such as driving with an extremely high BAC; these damages are awarded at the discretion of the judge in an individual case.

A lawyer can guide you through this process, from filing the initial complaint to representing you in court, if necessary.

 

Alabama’s Statute of Limitations for Drunk Driving Accidents

In Alabama, you have a limited amount of time to file a personal injury claim after a drunk driving accident. The statute of limitations for personal injury claims in Alabama is generally two years from the date of the accident. You may lose your right to pursue compensation if you miss this deadline. 

However, there can be exceptions or factors that may affect the timing of your case. For example, if the accident resulted in the death of a loved one, a wrongful death claim may be filed, and the statute of limitations may differ. A local lawyer will be able to advise you on the specific timeline that applies to your case and ensure that all necessary paperwork is filed on time.

A drunk man sits in his car after the police test him with a breathalyzer.

Why You Should Work With a Local Lawyer

Drunk driving accident cases in Alabama are complex, and the legal system can be difficult to navigate on your own. A local lawyer who understands Alabama’s DUI laws and personal injury statutes can take the burden off your shoulders, allowing you to focus on healing while they handle the legal aspects of your case. 

If you’ve been injured in a drunk driving accident, getting help from a lawyer can make all the difference in your recovery. A local lawyer will take the lead in investigating the accident, handling negotiations, and representing your interests in court if needed.

Contact TopDog Law to be Connected with an Alabama Attorney Today

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TopDog Law Personal Injury Lawyers

Alabama Office

950 22nd Street N. Suite 600
Birmingham AL 35203

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