When intoxicated drivers get behind the wheel, they not only put their own lives at risk, but the lives and well-being of everyone else on the road. Yet drunk driving remains a huge problem in our society. And far too often, innocent victims have to fight insurance companies to get a fair settlement.
If you or someone you loved one was injured by a drunk driver, or your loved one was killed in a drunk driving accident, the Karl Truman Law Office can help. You might think you don’t need an attorney when fault seems so clear, but in most cases nothing could be further from the truth.
Contact our car accident lawyers in Louisville, Kentucky, at (502) 222-2222 or call (812) 282-8500 today for service in and around Jeffersonville, Indiana. Your initial consultation is free.
Drunk Driving Accident Victims Deserve Fair Compensation. Too Often, They Don’t Get It.
If a drunk driver hit you and caused your injuries, you might think you have a rock-solid legal case. After all, how could the insurance company or a jury reasonably deny that a drunk driver caused your accident?
Unfortunately, it’s rarely that simple. At Karl Truman Law Office, we work with clients all the time who have been mistreated by insurance companies.
For example, we represented a bicyclist who was severely injured when he was hit by a drunk driver. Even though the driver was arrested for drunk driving, his insurer still denied the claim. To get the bicyclist the compensation and accountability he deserved, our lawyers had to file a lawsuit and take the insurance company to court.
The insurance company does not have your best interests at heart. They are focused on saving money for themselves, so they’ll look for any way they can to reduce any potential settlement.
How Insurance Companies Fight Drunk Driving Claims
Insurance companies use several tactics to fight drunk driving accident claims, including:
- Getting you to admit a share of the fault. In both Kentucky and Indiana, your settlement can be reduced by your percentage of fault. Innocent statements or admissions you make could be used against you in order to unfairly assign at least some of the blame to you.
- Undervaluing your injury claim. Even if the insurance company agrees that their driver was at fault, they’ll still try to nickel and dime you by undervaluing your future treatment needs and medical bills, wage losses, and pain and suffering.
- Disputing injuries. The insurer might ask you to give a recorded statement, or sign over full access to your medical records. But if you forget to mention some of your symptoms, or you have pre-existing conditions in your medical history, they may try to say that your injuries weren’t really caused by the accident at all.
If you aren’t prepared for these tactics, it’s easy to end up making simple mistakes that could damage your claim, or accepting a settlement offer for far less than you truly need and deserve.
An experienced attorney with the Karl Truman Law Office can help you with your drunk driving accident case in many important ways, including:
- Fully investigating the details of the accident to determine who was at fault, and any applicable sources of insurance coverage. For example, in addition to filing a claim against the drunk driver, you may also be able to file a claim against a bar or restaurant that knowingly overserved them.
- Calculating fair compensation. Drunk driving accidents often result in serious injuries that lead to significant medical bills, wage losses, emotional trauma, and reductions in quality of life. Our attorneys work with doctors, economists, and other experts to support the validity of your injuries and accurately calculate the long-term costs.
- Pursuing punitive damages. Because drunk driving often shows reckless disregard for others, punitive damages (which are meant to punish wrongdoers) may be available in these cases. However, these situations are relatively rare and frequently complicated, so how much you can potentially receive (if any) depends greatly on the knowledge, experience, and persuasiveness of your attorney.
- Giving you peace of mind. After a crash, no one should have to deal with the frustration and stress of filing multiple claims and negotiating settlements all on their own. Karl Truman Law Office can handle all aspects of your legal case and insurance negotiations on your behalf, so you can focus on getting better. We can even help you get the medical treatment you need.
What Should You Do After an Accident Caused by a Drunk Driver?
Seek Medical Attention
Your first priority after a serious car accident is to make sure you get medical treatment in a timely manner. If offered treatment at the scene, accept. And if you experience any symptoms—even minor ones—you should see a doctor as soon as possible. Prompt evaluation and treatment is not only better for your health, but helps build a solid base of evidence to support your DUI accident personal injury claim.
Document the Accident Scene
If you are treated and released at the scene, take time to photograph the accident site, exchange information with the driver, and speak to witnesses. Then, see your doctor or visit the emergency room as soon as possible.
If you interact with the at-fault driver after the accident, you may notice signs of possible impairment. These could include:
- Slurred speech
- Bloodshot or glassy eyes
- Blank or dazed expression
- Stumbling, swaying, and difficulty standing
- Difficulty with fine motor skills
- Red or flushed appearance to the face
You may also smell alcohol on the driver’s breath or see open alcohol containers on the seat or the floor of the car.
Talk to the Police
When the police respond to the scene of the accident, be sure to inform the officer what you observed. The officer may conduct a field sobriety test or breathalyzer test to determine if the at-fault driver is impaired. The results of these tests should be included in the police report of the accident, as well as any tickets issued or arrests made.
Obtaining a copy of the police report is a key part of investigating your drunk driving accident claim. You can request a copy from the police on your own or contact a lawyer with Karl Truman Law Office for assistance.
Contact a Drunk Driving Accident Attorney
We strongly encourage you to call us for a free case evaluation before you deal with insurance. Again, the insurer is not on your side and will be looking for ways to reduce the size of your claim. Additionally, key evidence may disappear quickly if you don’t know where to look for it or how to preserve it.
One of our experienced attorneys can help you determine if you have a legitimate case, and work quickly to collect evidence, protect you from insurance company tactics, and help you get the care and peace of mind you deserve.
Drunk Driving Accident FAQs
Who Is Responsible for My Drunk Driving Accident?
The most obvious at-fault party in any drunk driving accident case is the intoxicated driver. However, the driver may not be the only one that can be held accountable for your injuries.
As noted above, a sober driver might share some of the blame if they also contributed to the accident. For example, if you were also speeding or failed to check for other vehicles, a court may apportion some of the blame to you as well.
Further, both Kentucky and Indiana have enacted what are known as “dram shop laws.” These laws allow people who have been injured by drunk drivers to sue the establishment that served them.
What Is the Kentucky Dram Shop Law?
Kentucky law provides for limited circumstances in which a person who is hurt in a drunk driving accident can sue the bar, restaurant, or other vendor. Liability is contingent upon proving that the vendor served the driver when a “reasonable person under the same or similar circumstances should know that the person served is already intoxicated at the time of serving.”
What Is the Indiana Dram Shop Law?
In Indiana, the dram shop law allows people who are harmed by a drunk driver to take action against the person or business that “furnishes” alcohol if the following criteria are met:
- “[T]he person furnishing the alcoholic beverage had actual knowledge that the person to whom the alcoholic beverage was furnished was visibly intoxicated at the time the alcoholic beverage was furnished; and
- “[T]he intoxication of the person to whom the alcoholic beverage was furnished was a proximate cause of the death, injury, or damage alleged in the complaint.”
“Furnish” means not only to sell alcohol, but to provide it free of charge. Thus, in Indiana, social hosts (i.e., someone throwing a party at their home) may be liable if they serve alcohol to a guest who is visibly intoxicated, and that guest subsequently injures someone in an accident.
How Much Is My Drunk Driving Accident Case Worth?
Any car accident can result in life-altering injuries or, worst of all, death. Depending on the circumstances, you may be entitled to compensation for the following after a drunk driving accident:
- Medical expenses
- Lost income
- Loss of potential earnings
- Pain and suffering
- Permanent disability
- Disfigurement
- Emotional anguish
- Loss of consortium (benefits of a relationship)
- Punitive damages
If you lost a loved one in a drunk driving accident, our lawyers can pursue damages in a wrongful death claim on your behalf. You may be entitled to compensation for the loss of your loved one’s income, funeral and burial or cremation costs, and more.
Who Do I File a Claim Against?
Depending on the circumstances, you may need to make a variety of different personal injury claims.
- Your own PIP insurance coverage. Kentucky has instituted a no-fault law for car accidents. Even in cases where the accident was caused by the other driver’s intoxication, you must first file a personal injury protection (PIP) claim through your own insurance company for coverage of the expenses related to your drunk driving accident injuries (unless you declined PIP insurance in writing). Indiana, meanwhile, is not a no-fault state. You are not required to go through your own insurance before you can file suit against the impaired driver; however, you may still have PIP coverage as part of your policy that can help with wages losses and medical expenses.
- The at-fault driver’s insurance. If your medical expenses exceed the statutory threshold ($1,000) or you suffer broken bones, permanent impairment, or permanent disfigurement as a result of the accident, you can file a claim against the drunk driver.
- Other liable parties. In some cases, other parties might be held responsible to pay for your damages. For example, if the drunk driver was served an excessive amount of alcohol at a bar or restaurant, you might have a valid claim against the vendor.
- Your own uninsured/underinsured motorist coverage (UM/UIM). If your policy includes UM/UIM coverage, this can step in if and when all the available insurance coverage (if any) from the at-fault driver and other liable parties isn’t enough to cover your damages. It would also come into play if the drunk driver flees the scene and isn’t able to be identified.
As part of their investigation, your drunk driving accident lawyer will work hard to identify all potentially responsible parties, and all sources of insurance coverage that may apply to your circumstances.
How Do I Get My Medical Expenses Covered?
As noted above, your “no fault” PIP insurance coverage should provide immediate support to pay for medical expenses.
Once this coverage runs out, you should use your regular health insurance, Medicare, or Medicaid coverage to pay for medical bills up front. Don’t send your bills to the other driver’s insurance company (or your own auto insurance). Eventually, if your personal injury claim is successful, part of your settlement will be used to reimburse your health insurer for these expenses.
You can read more about how the process works in this blog post.
The Drunk Driver Has Been Criminally Charged. Do I Need to File a Personal Injury Lawsuit?
Yes, you do. Don’t assume that just because the drunk driver got a DUI, it means you will automatically receive compensation. It doesn’t work that way.
Any legal claim you pursue against the at-fault driver is entirely separate from DUI and other charges the driver may face. If the driver is charged with DUI, that is a matter for criminal court. Your personal injury claim, on the other hand, is a civil matter.
Contact Our Drunk Driving Accident Lawyers Today
Drunk driving accidents are completely preventable. Unfortunately, they happen every day, often resulting in serious injuries that can change the lives of victims forever.
At the Karl Truman Law Office, we are committed to holding drunk drivers accountable, pursuing the full compensation you and your family are entitled to, and helping you achieve the peace of mind you deserve. If you were injured or you lost a family member in a drunk driving accident, you can count on our team to take action on your behalf against the impaired driver for the physical, emotional, and financial burdens you and your loved ones are facing.
Contact the Karl Truman Law Office today for a free consultation. Our lawyers serve victims of drunk driving accidents in Louisville and nearby areas of Kentucky (call (502) 222-2222) and in Jeffersonville and surrounding areas of Indiana (call (812) 282-8500).
References
National Highway Traffic Safety Administration (April 2022). Traffic Safety Facts 2020 Data: Alcohol Impaired Driving. DOT HS 813 294. Retrieved from https://crashstats.nhtsa.dot.gov/Api/Public/ViewPublication/813294
Kentucky Revised Statutes 413.241
Indiana Code 7.1-5-10-15.5
The content provided here is for informational purposes only and should not be construed as legal advice on any subject.
