Being involved in an accident with a drunk driver can be a life-altering experience. The physical injuries, emotional trauma, and financial burden that follow these incidents often leave individuals wondering about their legal options. You are entitled to certain rights under the law, and we are glad to explain them in detail.

What Legal Rights Do I Have After Being Hit by a Drunk Driver?

When an intoxicated driver injures you in a crash they caused, you have the right to pursue compensation beyond what might be available in a typical car accident case. In most states, driving under the influence is not only a criminal offense but also establishes a clear basis for civil liability. This means you can file a lawsuit against the drunk driver to recover damages for medical expenses, lost wages, property damage, pain and suffering, and in some cases, punitive damages.

Arkansas law, like many states, allows individuals harmed by drunk drivers to seek both compensatory damages (to cover actual losses) and punitive damages (designed to punish particularly reckless behavior). The legal system recognizes the serious nature of drunk driving and often treats these cases with heightened attention.

How Is a Drunk Driving Accident Lawsuit Different From Other Car Accident Cases?

Drunk driving accident lawsuits differ from standard car accident claims in several important ways:

• Liability is often easier to establish when the at-fault driver was intoxicated, thanks to breathalyzers and other testing.
• When a driver operates a vehicle while impaired, this typically constitutes negligence per se, meaning the act itself is considered negligent without needing to prove additional factors.
• These cases may involve multiple liable parties. Under Arkansas “dram shop” laws, establishments that served alcohol to a visibly intoxicated person who later caused an accident might share liability. That can provide additional avenues for compensation.
• Lastly, insurance companies often handle drunk driving accident claims differently, knowing that juries typically have little sympathy for intoxicated drivers. This can sometimes lead to higher settlement offers, though that is not guaranteed.

What Types of Compensation Can I Receive?

Compensation in drunk driving accident cases typically falls into three categories:

Economic damages cover quantifiable financial losses, such as:

• Medical bills and ongoing treatment costs
• Lost income and diminished earning capacity
• Property damage
• Rehabilitation expenses

Non-economic damages address intangible harm, such as:

• Pain and suffering
• Emotional distress
• Loss of enjoyment of life
• Permanent disability or disfigurement

Punitive damages may be awarded specifically to punish the drunk driver for their reckless behavior and deter similar actions in the future. These damages are not available in all car accident cases but are more commonly awarded in drunk driving incidents because of the driver’s conscious choice to endanger others.

Should I Accept the Insurance Company’s Settlement Offer?

Insurance companies frequently offer quick settlements following drunk driving accidents. While these offers might seem appealing, especially when facing mounting medical bills and lost wages, initial settlement offers rarely reflect the full value of a claim.

Before accepting any settlement, it is important to understand the full extent of your injuries, required future medical treatment, and long-term impact on your earning ability. Once you accept a settlement, you cannot go back and request additional compensation if your injuries worsen or require more extensive treatment than initially anticipated. We recommend consulting with a car accident lawyer before signing any documents; they can advise you on the offer and assist with negotiations.

Our Experienced Fayetteville Car Accident Lawyers at Osborne Law Firm Can Fight to Protect Your Rights After a Drunk Driver Hits You

Our Fayetteville car accident lawyers at Osborne Law Firm have significant experience representing individuals harmed by intoxicated drivers. For a free consultation, call 479-521-7727 or contact us online. Located in Fayetteville, Arkansas, we serve clients in Washington County, Benton County, Madison County, Northwest Arkansas, and the surrounding areas.