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Drunk drivers are gamblers. But they are not gambling with money, they are gambling not only with legal repercussions but also with other peoples’ lives. A Rock Hill drunk driving accident lawyer could aggressively seek compensation for accident victims. If you or a loved one has been injured by a drunk driver, we could put our skill and experience to work seeking maximum compensation for your losses. Contact Schiller & Hamilton to speak with an aggressive and compassionate car wreck attorney.
Determining Liability and Pursuing Maximum Compensation
To help the victim recover maximum compensation, Rock Hill accident attorneys perform exhaustive criminal background checks on drunk drivers to determine if they have prior DUI convictions or other criminal arrests. The information acquired in this investigation can help provide the necessary leverage to ensure a large settlement in favor of the victim.
Does Comparative Negligence Apply in Intoxicated Driving Cases?
Notably, comparative negligence does not apply in intoxicated driving cases. Normally, a victim who was partially responsible for causing the accident would have their total compensation reduced. Since inebriated driving cases are based on recklessness, however, comparative fault does not apply. This can lead to greater monetary awards than may be available in other car accident cases.
What Types of Compensation are Available After a Drunk Driving Collision?
When a drunk driver causes a car accident, their behavior is considered reckless. This gives victims the opportunity to seek punitive damages in addition to the compensatory damages available in other personal injury cases. Punitive damages are designed to punish the at-fault driver for their recklessness and deter similar behavior in the future.
Compensatory damages fall into two categories: economic and non-economic. Economic damages can include but are not limited to compensation for medical expenses, property damage, and lost wages. Non-economic damages are more difficult to calculate. They can include compensation for pain and suffering, loss of consortium, and loss of enjoyment of life. Because these losses are difficult to quantify, attorneys use their extensive knowledge of similar drunk driving cases in the local courts to arrive at a fair value.
Criminal Versus Civil Drunk Driving Cases in Rock Hill
A common misconception after an accident involving an intoxicated driver is that the victim needs to press charges. This is untrue. The decision of whether to prosecute someone for drunk driving is entirely up to the state, and the criminal and civil cases are handled separately. Even if a criminal DUI case was dismissed, the at-fault driver may carry civil liability for causing the accident. A knowledgeable accident attorney could provide further explanation in the difference between civial and criminal intoxicated motorist cases.
Our Rock Hill Drunk Driving Accident Attorneys Can Help Hold Drivers Accountable
Rock Hill drunk driving accident lawyers from Schiller & Hamilton believe that drunk drivers who hurt other people should have to confront their mistakes and answer for their careless behavior. Aggressive personal injury attorneys could pursue a course of action that seeks to hold these reckless drivers and their insurance companies liable for your injuries. In many cases, insurance companies for drunk drivers have to pay punitive damages in addition to compensatory damages.
If you were injured in a collision with an intoxicated motorist, call Schiller & Hamilton for help seeking fair compensation for your many hardships.