Drunk Driving Accidents - Have you been injured by a drunk driver?

Call us at (302)658-1717 or (302)736-5500

If you or a loved one has been injured in a drunk-driving accident, you should consult an experienced personal injury attorney, such as the attorneys at Knepper & Stratton at (302)658-1717 or (302)736-5500, to discuss whether you may be entitled to compensation for your injuries from the drunk driver and/or his or her insurer. This remedy is not limited to drivers and passengers of other vehicles, but extends to injured pedestrians, and even close family members of those injured under certain circumstances. Remember that 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. This is because a driver owes a legal duty of reasonable care not only to other drivers and pedestrians, but also to passengers in his or her own vehicle.

"Driving Under the Influence" Is Not Limited to Alcohol

Proving Liability for a Drunk Driving Accident

Generally, people who operate automobiles must exercise reasonable care while driving, and a failure to use reasonable care is considered negligence. In order to be successful in a lawsuit for injuries suffered in an automobile accident, the injured party, known as the plaintiff, is required to prove that the defendant was negligent in some way, that the negligence caused the accident, and that the accident caused the plaintiff's personal injuries and economic damages.

In most instances, if a person drives a vehicle while under the influence of alcohol or drugs, such an act will be considered negligent (drivers with blood alcohol levels of over .08 or .10 are considered legally intoxicated) and sometimes will be considered reckless. In other words, negligence can be presumed simply through the fact that the person drove a vehicle while under the influence.

Damages

Under the law of personal injury and negligence, after any car accident in which a defendant is found liable, he or she will have to pay damages to those injured as a result, usually through an insurer. Such damages will ordinarily include compensation for medical treatment, past and future lost income, permanent bodily injury and emotional distress damages. In automobile accident lawsuits, punitive damages are not generally available, but they are an option in an automobile accident lawsuit involving drunk driving.

Punitive damages in a personal injury suit are meant to punish malicious or reckless behavior, and to deter such conduct in the future. In some states, in a lawsuit for injuries suffered in a drunk-driving accident, a claim for punitive damages may be successful based on the fact that the driver at fault was drunk or legally intoxicated.  In Delaware a claim for punitive damages against a drunk driver is considered on a case by case basis.  If you have any questions please feel free to call the attorneys at Knepper & Stratton at (302)658-1717 or (302)736-5500, to discuss whether you may be entitled to compensation for your injuries from the drunk driver and/or his or her insurer.

Proving "Under the Influence"

In establishing that another driver's "driving under the influence" meaningfully impaired his or her judgment and ability to operate a vehicle, and caused your injuries in an automobile accident, your attorney will look at a number of issues.

• Police Reports: If the police came to the scene of your accident, they probably made a written accident report, and may have observed and recorded the fact that the other driver was under the influence of alcohol and/or drugs. Sometimes a police report plainly states an officer's opinion that someone violated a specific traffic law (or drunk-driving law) and that the violation caused the accident. In accidents involving drunk driving, the police report may even state that the officer made an arrest and/or issued a citation. Other times, the police report merely mentions negligent behavior, without plainly stating that the violation caused the accident.
  
  
• Witnesses: Testimony and accounts from witnesses as to the way the driver was acting (stumbling), and the way the driver was speaking (slurred speech), whether or not the driver smelled of an alcoholic beverage and any unusual actions in which the other driver engaged.
  
  
• Expert Opinion: Testimony and opinion by medical or law enforcement experts as to the driver was acting (stumbling), and the way the driver was speaking (slurred speech), whether or not the driver smelled of an alcoholic beverage, any unusual actions in which the other driver engaged; the effect of such consumption on a person's ability to safely operate a vehicle; how the driver did on standard field sobriety tests; and blood-alcohol or chemical evidence (such as breathalyzer results or blood tests taken in a hospital or taken at the police station).
•   If you have any questions please feel free to call the attorneys at Knepper & Stratton at (302)658-1717 or (302)736-5500, to discuss whether you may be entitled to compensation for your injuries from the drunk driver and/or his or her insurer.

If You Are Partially At Fault - "Comparative Negligence"

If you are partially at fault in an automobile accident with a person who was driving under the influence, you can still collect for your injuries. Under the principle known as "comparative negligence" you can recover in your claim for personal injury as long as your portion of fault is found to be less than the amount that the drunk driver is deemed at fault. So for example, if your injuries are said to total $50,000 and you were 20% at fault for the accident, you could still be awarded a judgement for $40,000.  Sometimes, if the drunk driver's conduct leading up to the collision is considered "reckless" you could recover 100% or your personal injury damages even if you yourself contibuted to the cause of the collision in some way.

Pursuing Your Case

If you or a loved one has suffered injury as a result of a drunk-driving accident, it is essential that you call an experienced attorney, such as the attorneys at Knepper and Stratton (302)658-1717 or (302)736-5500, to discuss your case and preserve your right to a legal recovery. Most states, but not Delaware, require that lawsuits for personal injury arising from automobile accidents (including drunk-driving accidents) be brought within one year of injury, so meeting with an attorney sooner rather than later is very important.

Four Convenient Locations - Call Us!

The Delaware trial lawyers at Knepper & Stratton represent clients in personal injury lawsuits, employment law suits, traffic ticket defense and DUI defense throughout the State of Delaware, Kent County, Sussex County and New Castle County, including the communities of Wilmington, Newark, Middletown, Dover, Smyrna, Harrington, New Castle, Claymont, Georgetown, Rehoboth Beach, Dewey Beach, Bethany Beach, Fenwick Island, Seaford, Lewes, Camden, Wyoming, Frederica, Houston, Milford, Hockessin, Little Creek, Delaware City, Glasgow, Bear, Townsend, Elsmere, Newport, Fairfax, Talleyville, Greenville, Centerville, St. Georges, Dover AFB, Dover Air Force Base, Pike Creek, Wilton, and Port Penn for incidents occuring on the highways of Delaware including U.S. Rt. 202, I-95, I-495, U.S. Rt. 13, DE Rt. 7, U.S. Rt. 13, DE Rt. 52, U.S. Rt. 301, DE. Rt. 1, U.S. Rt. 113, DE Rt. 9, U.S. Rt. 40, Concord Pike, DE Rt. 2, Pulaski Highway, DE Rt. 72, Old Baltimore Pike, Limestone Road, DuPont Highway, Kennett Pike, Kirkwood Highway, Maryland Avenue, DE Rt. 4, DE Rt. 896, and DE Rt. 71.