Everyone likes to have a good time while watching the Super Bowl, and Super Bowl parties typically involve alcoholic drinks and good food. However, when party-goers get behind the wheel of a motor vehicle after consuming too much alcohol at a Super Bowl party, the results can be catastrophic and sometimes deadly.
If you have been injured in a motor vehicle accident caused by a drunk driver, you may be entitled to monetary compensation for all of your injuries and damages. Our experienced personal injury lawyers have the legal knowledge and expertise to help you prove the elements of your negligence claim and obtain the monetary compensation to which you are entitled.
Elements of Negligence
In order to prove negligence1 in a motor vehicle accident, the injured plaintiff must prove the following elements of negligence:
- Causation (factual and legal)
Every driver owes a duty to other drivers on the roadway to act in a careful and reasonably prudent manner. When a driver gets behind the wheel of a motor vehicle after drinking too much, he or she is in breach of the duty of reasonable care owed to all other drivers on the roadway.
Therefore, when a drunk driver causes a motor vehicle accident which results in injuries to another driver, then the drunk driver can be deemed ‘at fault,’ or negligent, for causing the motor vehicle accident.
Although the injured plaintiff is suing the drunk driver, the drunk driver’s motor vehicle insurance policy will likely be providing the coverage to compensate the injured plaintiff for injuries and damages sustained.
Types of Damages Available to Injured Victims in Drunk Driving Cases
Injured victims in drunk driving cases may be able to receive some or all of the following damages as part of a personal injury lawsuit recovery:
- Compensation for medical bills
- Compensation for lost wages
- Compensation for past, present, and future pain and suffering
- Compensation for mental anguish and emotional distress
- Compensation for psychological or psychiatric treatment
- Compensation for loss of earning capacity
- Compensation for loss of consortium, companionship, or spousal support
It is important to note that in personal injury motor vehicle accident cases, the defendant driver’s insurance company is not on your side. Generally speaking, insurance adjusters will try to downplay an accident victim’s injuries and claim that certain injuries were actually the result of preexisting conditions or degenerative changes, rather than from the motor vehicle accident to limit liability whenever possible.
Contact a Clearwater Auto Accident Attorney Today to Discuss Your Case
Motor vehicle accidents that result from another driver’s intoxication behind the wheel can be severe and can result in serious injuries and damages to both person and property.
Remember that insurance companies are, above all, businesses, and their primary goal is not compensating you and making you whole. Our experienced Clearwater personal injury lawyers know the tricks and tactics that insurance adjusters use to try and undervalue cases and will be able to overcome those defenses to maximize your recovery.
You can contact the Clearwater motor vehicle accident personal injury attorneys at Sibley Dolman Gipe Accident Injury Lawyers, PA by calling 727-451-6900, or contact us online.