DRUNK DRIVING ACCIDENT LAWYER

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Representing people injured by drunk and impaired drivers in Dothan and Southeast Alabama. 

Being injured by a drunk or impaired driver can be especially difficult because the collision was preventable. In addition to dealing with physical injuries, medical treatment, missed work, and vehicle damage, victims may understandably have questions about how the driver's intoxication affects their right to compensation.

Dothan Law Group represents people injured by drunk and impaired drivers in Dothan, Houston County, and throughout Southeast Alabama. We investigate the circumstances surrounding the collision, available insurance coverage, evidence of impairment, and the full extent of the injuries and losses caused by the accident.  Drunk driving collisions are one type of automobile injury claim handled by Dothan Law Group. Learn more about our representation of people injured in other types of car accidents in Dothan. 

A drunk driving accident can involve both a criminal case against the impaired driver and a separate civil claim by the injured person. The criminal prosecution is handled by the government and focuses on whether the driver committed a crime. A personal injury claim is separate and seeks compensation for the injuries and losses suffered by the victim.

Evidence of intoxication or impairment may become important in the civil case. Depending on the circumstances, relevant evidence can include the accident report, witness statements, body-camera or dash-camera footage, field sobriety testing, breath or blood testing, photographs and video, criminal court records, and other evidence concerning the driver's conduct before and at the time of the collision.

When an impaired driver causes an accident, the driver may face criminal charges such as driving under the influence. That criminal proceeding is separate from the injured person's civil claim for compensation.

An injured person does not have to rely on the criminal prosecution to pursue a personal injury claim. The civil case involves its own legal issues, evidence, damages, and burden of proof. Likewise, the compensation available to an injured person is not determined simply by whether the driver receives a particular criminal sentence.

Because the two matters can arise from the same collision, however, evidence developed during the DUI investigation or criminal proceeding may become relevant to the civil claim. Obtaining and preserving available evidence can therefore be an important part of investigating a drunk driving accident.

In some Alabama cases, an injured person may seek punitive damages in addition to compensation for the injuries and losses caused by the accident. Punitive damages are different from compensatory damages. Rather than compensating an injured person for a particular loss, punitive damages are intended to punish certain wrongful conduct and discourage similar conduct in the future.

Alabama law does not automatically award punitive damages simply because alcohol or drugs were involved. Whether punitive damages are available depends on the evidence and whether the defendant's conduct satisfies Alabama's legal requirements for a punitive-damages award.

Evidence concerning the driver's level of impairment, manner of driving, conduct before the collision, knowledge of the risks involved, and other circumstances surrounding the accident may become important when evaluating whether a claim for punitive damages is appropriate.

A drunk driving accident case should therefore be evaluated based on all of the available evidence rather than assuming that a DUI arrest or conviction automatically determines the damages available in the civil case.

 The impaired driver is often the primary person responsible for a drunk driving collision, but the investigation should not necessarily end with the driver. Depending on the circumstances, another individual or business may also bear legal responsibility.

For example, an employer may potentially be involved when an impaired driver was acting within the course and scope of employment. Other circumstances may raise questions concerning the ownership or entrustment of a vehicle.

Alabama law also recognizes certain claims involving the unlawful furnishing of alcohol. Whether a business or another person can be held responsible for furnishing alcohol depends on the particular facts and the requirements of Alabama law. The mere fact that a driver consumed alcohol at a restaurant, bar, or another person's property does not by itself establish liability against that person or business.

Identifying where the driver obtained alcohol, what occurred before the collision, who owned the vehicle, whether the driver was working, and whether other individuals or businesses were involved can therefore be important in an appropriate case.

A drunk driving accident investigation may involve evidence from both the collision itself and the law-enforcement investigation of the impaired driver. Some of this evidence can be particularly important in determining how the accident occurred and the driver's condition at the time.

Depending on the circumstances, relevant evidence may include:

Breath and blood test results. Chemical testing may provide evidence concerning the presence or concentration of alcohol or other substances in the driver's system.

Body-camera and dash-camera footage. Law-enforcement video may document the accident scene, the driver's appearance and behavior, statements made after the collision, field sobriety testing, and other portions of the DUI investigation.

Field sobriety testing and officer observations. Police reports and testimony may contain observations concerning the driver's speech, coordination, appearance, behavior, driving, and performance on field sobriety tests.

Witness testimony. Passengers, other motorists, restaurant or bar employees, and other witnesses may have information concerning the driver's alcohol consumption, behavior, manner of driving, or the collision itself.

Surveillance and other video. Businesses, residences, traffic cameras, and other sources may have recorded the collision or events occurring before it.

Receipts and transaction records. In an appropriate case, receipts, credit-card transactions, or other records may help establish where and when alcohol was purchased or consumed.

Criminal-case records. Records generated during a DUI investigation or prosecution may contain evidence relevant to the separate civil personal-injury claim.

Accident-scene and vehicle evidence. Photographs, vehicle damage, roadway markings, debris, electronic vehicle information, and other physical evidence may help establish how the collision occurred.

Important evidence does not necessarily remain available indefinitely. Surveillance footage may be overwritten, witnesses may become difficult to locate, vehicles may be repaired or destroyed, and businesses may retain records for only limited periods.

When appropriate, an attorney can take steps to identify potentially relevant evidence and request that it be preserved. The particular evidence that should be sought or preserved depends on the circumstances of the collision.

Early investigation can be particularly important when there are questions about where the impaired driver obtained alcohol, whether another person or business may bear responsibility, or whether video or electronic evidence exists.

A drunk driving collision can result in significant physical, financial, and personal losses. The compensation available in an Alabama personal injury claim depends on the particular injuries, damages, liability evidence, insurance coverage, and other circumstances of the case.

Depending on the facts, recoverable damages may include:

Medical expenses. A claim may include legally recoverable expenses for emergency care, hospitalization, surgery, rehabilitation, physical therapy, medication, diagnostic testing, and other medical treatment caused by the accident.

Future medical care. Serious or permanent injuries may require continuing treatment, rehabilitation, medication, or other medical care in the future.

Lost income and diminished earning ability. An injured person may lose income while unable to work, and a permanent injury may affect the person's ability to earn income in the future.

Pain and suffering. Compensation may be available for physical pain and suffering resulting from injuries caused by the collision.

Mental anguish. The emotional and psychological effects of a serious collision and resulting injuries may also be considered.

Permanent injury, impairment, or disfigurement. Serious injuries can result in permanent limitations, scarring, disfigurement, or other lasting effects.

Property damage and other legally recoverable losses. A claim may also involve damage to a vehicle or other property and additional losses resulting from the accident.

Depending on the evidence, punitive damages may also be sought when the defendant's conduct satisfies Alabama's requirements for such an award.

Serious injuries can result in damages that exceed the liability insurance available from the at-fault driver. In some cases, the impaired driver may have no automobile insurance at all.

An injured person may have additional coverage available through uninsured or underinsured motorist insurance. This coverage, commonly called UM or UIM coverage, may apply when an at-fault driver has no liability insurance or does not have enough liability coverage to fully compensate the injured person for legally recoverable damages.

Determining available coverage may require reviewing more than the insurance policy covering the vehicle occupied at the time of the collision. Depending on the circumstances, other applicable insurance policies may need to be identified and evaluated.

The existence of limited insurance on the drunk driver's vehicle therefore does not necessarily mean that the available recovery is limited to that policy.

Passengers injured in a collision may also have personal injury claims. Depending on how the accident occurred, an injured passenger may have a claim against the impaired driver, another driver who contributed to the collision, or other responsible parties.

Insurance coverage available to an injured passenger can also differ from the coverage available to a driver. The applicable policies and the circumstances of the accident should be evaluated individually.

A passenger should not assume that being related to, riding with, or knowing the impaired driver automatically prevents a claim. The particular facts, insurance policies, and applicable Alabama law must be considered.

 Alabama generally provides a two-year limitations period for personal injury claims arising from negligence. In many automobile accident cases, this means that a lawsuit must be filed within two years after the claim accrues. Different deadlines or rules can apply depending on the particular claim and parties involved.

The legal deadline is also not the only reason to act promptly. Video can be overwritten, witnesses can become difficult to locate, vehicles can be repaired or destroyed, and other evidence may become unavailable with time.

A person seriously injured by an impaired driver should therefore consider having the applicable deadlines and available claims evaluated well before the limitations period approaches.

 An arrest or criminal prosecution for DUI and a civil personal injury claim are separate legal proceedings. The government prosecutes the criminal case, while the injured person may separately pursue a civil claim for compensation.

Evidence generated during the DUI investigation or criminal case may be relevant to the civil claim, but an arrest by itself does not automatically establish every issue necessary to recover damages. Likewise, the resolution of the criminal case does not necessarily determine the value or outcome of the injured person's civil claim.

An attorney handling the injury claim may therefore investigate the collision independently while also evaluating relevant evidence generated through the criminal proceeding.

 Alabama follows a strict contributory-negligence rule in negligence cases. A defendant may argue that the injured person's own negligence contributed to causing the collision.

The fact that another driver was intoxicated does not make it unnecessary to investigate how the accident occurred. An insurance company may still dispute causation or contend that another person's conduct contributed to the collision.

Photographs, video, witness testimony, electronic vehicle information, physical evidence from the roadway, and other evidence may therefore be important even when the other driver was arrested for DUI.