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Frequently Asked Questions about Drunk Driving Accidents

Q: What should I do if I am involved in a car accident with a drunk driver?

A: If you are injured in the accident, seek medical attention immediately. If you fear other people may have been injured, call for help. You also should contact the police and get a copy of the police report. As much as possible, document the accident by taking careful notes about the accident, including the names and contact information of any witnesses and your recollection of what happened. If you decide to take legal action, these notes can be invaluable to your case.

Q: Can people other than those involved in a car accident bring a lawsuit for that accident?

A: Yes. Legal representatives and family members of someone injured or killed in a car accident can bring a lawsuit. In certain circumstances, close family members who witnessed the accident also may bring a suit. These parties may seek compensation from the drunk driver or third parties, such as the vendor who sold the alcohol to the intoxicated driver.

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Last year alone, over one million people were injured in alcohol-related traffic crashes. The law in most states requires that you bring a lawsuit for personal injury from a drunk driving accident within one year from the date of the accident.

Use of certain over-the-counter or prescription drugs by a driver found to be at fault for an automobile accident can lead to a conclusion that the person was "driving under the influence" at the time of the accident.

Even if you were injured as a passenger in a vehicle that was driven by a drunk driver who was at fault for the accident, you can still bring a lawsuit for those injuries against that driver.

When an intoxicated underage drinker was provided with alcohol and later caused a car accident, the person or business that negligently provided the alcohol may be legally liable for the injuries resulting from the accident.

Drunk Driving Accidents - An Overview

According to the National Highway Traffic Safety Administration (NHTSA), more than 17,500 people die each year in alcohol-related motor vehicle accidents. Thousands more are injured and the costs for these accidents is staggering - over $100 billion in monetary and quality of life losses. If you or a loved one has been injured in a drunk driving accident, contact an attorney in your area today. An experienced personal injury lawyer can review your case and discuss your legal options with you.

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Civil Claims for Drunk Driving Accidents

In addition to the criminal charges drunk drivers may face, they also may incur civil penalties for any property damage or personal injury they caused as a result of driving drunk.

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Third Party Liability in Drunk Driving Cases

The drunk driver may not be the only party liable for injuries to innocent parties in drunk driving accidents. Those who provided the alcohol to the driver or had the opportunity to prevent the accident also may share responsibility.

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Dram Shop Acts

If you were injured by a drunk driver after he or she left a bar, restaurant or other place serving alcohol, you may have a claim against that establishment under your state's dram shop act.

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Defenses to Drunk Driving Injury Claims

The defenses to civil drunk driving claims can vary by state and the circumstances of each case. The information provided here will give you a brief overview of some of the defenses that may be claimed.

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