When someone drives drunk and causes an accident, he or she will most likely face criminal charges. However, anyone injured due to the driver’s recklessness may also bring a claim for damages against him or her with the help of an Omaha drunk driver car accident lawyer.
The determined car accident lawyers at Berry Law are dedicated to helping those who were injured in these senseless accidents seek justice. They can advocate to get you the compensation you need and deserve following your crash.
What Makes Drunk Driver Crashes Unique?
Drunk driving accidents tend to happen late at night or early in the morning when the intoxicated drivers are leaving establishments or parties. They can also happen after major sporting events where individuals consume larger quantities of alcohol.
The biggest difference between a regular car accident and a drunk driver car accident is that the drunk driving accident is generally preventable. Unlike a situation where someone made a mistake and caused an accident, drunk driving accidents occur because a person drove knowing that he or she was not fit to drive and essentially created substantial danger.
Financial Recovery For an Intoxicated Driving Crash
The typical damages sought by people injured in drunk driving accidents are the same those in other motor vehicle accidents. Recoverable damages include lost income, lost wages, medical bills, pain and suffering, loss of use of the body, and permanent injuries.
It is also important to note that Nebraska is a comparative fault state, which means that, just because one individual is partially at fault for his or her injuries does not mean he or she is precluded from recovery. In a collision with a drunk driver, most of the fault would belong to the intoxicated driver, a partially responsible driver may still be able to recover a large portion of his or her damages.
How Do Criminal Charges Affect a Case?
The injured driver does not have to press charges against the drunk driver. In Nebraska, the State makes the ultimate determination of whether charges are filed. Given the seriousness of drunk driving, the State will almost always charge a drunk driver.
The injury case and DUI case will be handled separately because one is civil and the other is criminal. However, the DUI case does allow for the state to ask the court to order the offender to pay criminal restitution which can compensate the injured party for unpaid medical bills and out-of-pocket expenses. The injury case, on the other hand, will be handled by a private attorney, who will attempt to obtain damages and just compensation apart from any restitution order.
An Omaha Drunk Driver Car Accident Attorney Can Help
Drunk drivers pose a significant threat to everyone else on the road. Because they are choosing to put others in danger, the state treats these cases seriously. If you or a loved one was hurt by the actions of an intoxicated driver, an Omaha drunk driving car accident attorney can fight for your interests. Call Berry Law for a free case evaluation to discuss your options.