Car accidents caused by driving under the influence of alcohol or drugs, also known as DUI (Driving Under the Influence), are a concerning reality that lurks for drivers at all times. These incidents can cause really serious injuries to all people involved, especially to those who are innocent victims of irresponsible drivers.
At Nonna Shikh Law, we know how challenging it can be to face a case of this type, in which you become a victim of another driver’s negligent driving due to the use of substances such as alcohol or drugs. That’s why we are here to help you get justice!
In this article, we will explore in detail how you can defend your rights if you become the victim of an accident caused by someone who was driving under the influence of alcohol or drugs. We will provide you with the legal steps you can take, as well as the necessary evidence to support your case and receive the compensation you may be entitled to.
You don’t have to suffer the consequences of someone else’s recklessness! Call now at 718-295-4000 or schedule a consultation so we can evaluate your case and, through quality and personalized attention, provide you with the legal solution you need to get justice for your injuries.
Also check out: The most common causes of traffic accidents in New York
What are my rights if I was a victim of a DUI accident?
As a victim of a DUI accident, the law provides you with a series of rights with which you can legally act to recover the expenses of your injuries. Some of these rights are:
- Right to seek compensation: You have the right to seek compensation for your injuries, property damage, and medical expenses related to the accident.
- Right to file a lawsuit: You can file a legal lawsuit against the driver responsible for the accident to seek justice and obtain adequate compensation.
- Right to receive medical attention: You have the right to receive medical attention to treat your injuries and fully recover, and medical expenses can be covered by the responsible party.
- Right to legal assistance: You can seek legal advice and representation from a lawyer specializing in DUI accident cases. They will help you understand your rights and guide you through the legal process.
- Right to present evidence: You can present evidence, such as police reports, witness testimonies, medical records, and physical evidence, to support your case and demonstrate the responsibility of the driver under the influence.
- Right to participate in the legal process: You have the right to actively participate in the legal process and be informed about the progress of your case.
To assert each of these rights, it is essential that you have the legal support of accident lawyers who truly respond to the needs of your case. At Shikh Law, we know your rights and are ready to help you get justice.
How to act when being a victim of a driver under the influence of alcohol or drugs?
As we mentioned at the beginning of this article, if you become a victim of a driver under the influence of alcohol or drugs, taking appropriate measures to protect yourself and safeguard your rights is crucial to achieving the compensation you deserve. Below, we tell you some of the steps you can take:
Request immediate medical attention
It is essential that you undergo a medical evaluation as soon as possible, even if you do not have obvious injuries at that time. Some injuries may manifest later. Keep a detailed record of all medical visits, treatments, and related bills.
Do not move your vehicle from the scene
Many people make the mistake of moving the vehicle after the accident. Keep in mind that this action can modify the evidence of the case, which could affect the subsequent investigation and decrease the amount you could receive as compensation for your injuries. So, do not move the vehicle before contacting local authorities for the corresponding investigation.
Call the authorities
Notify the police about the accident and provide all relevant details. Make sure to mention that you suspect the driver was under the influence of alcohol or drugs. Provide any additional information that may help with the investigation, such as descriptions of the vehicles and people involved.
If you are in a condition to do so, collect all possible evidence at the scene of the accident. Take photos of damaged vehicles, injuries suffered, and any other relevant elements. If there are witnesses present, request their names and contact numbers.
Do not admit fault
Avoid making statements of guilt or apologies at the scene of the accident, as this could harm your legal rights. Limit your interactions with the other driver and avoid discussing details of the accident with them.
Consult a lawyer
It is advisable to seek the advice of a lawyer specialized in traffic accidents and DUI cases. An experienced lawyer will guide you through the legal process, protect your rights, and help you seek fair compensation.
What expenses can compensation cover in a DUI accident?
Compensation for an accident in which you were a victim of a driver under the influence of alcohol or drugs should cover each of the expenses necessary to recover your well-being, heal your injuries, among others.
Some of the payments that compensation for a DUI accident can cover are:
- Medical expenses
- Prescribed medications
- Rehabilitation therapies
- Property damage
- Loss of income
- Pain and suffering
- Future expenses, whether medical or loss of income
Keep in mind that, in the investigation that an accident lawyer will carry out regarding your injuries and the causes that led to the accident, other costs may arise that can be added to your compensation, so the amount could be much higher.
At Nonna Shikh Law, we fight by your side for your financial recovery
If you have been the victim of an accident caused by driving under the influence of alcohol or drugs, it is essential that you know your rights and take measures to protect them. Seeking adequate compensation for your injuries and damages suffered can make a difference in your recovery and justice process.
At Nonna Shikh Law, we understand the complexity of DUI accident cases and are committed to providing you with the legal representation you need. Call us at 718-295-4000 or schedule a consultation today. Don’t wait any longer, take action and take the first step towards your financial recovery.
You may also be interested in: Traffic accidents: how to claim compensation for your personal injuries
What are the common signs and symptoms of driving under the influence?
Common signs and symptoms of driving under the influence of alcohol or drugs include lack of motor coordination, difficulty staying in a lane, slow or delayed responses, red or glassy eyes, breath smelling of alcohol, aggressive or erratic behavior, slurred speech, and difficulty paying attention to traffic signals.
These indicators are important warning signs that a driver may be impaired and represents a danger on the road. If you were the victim of an accident caused by a driver with these characteristics, it is most likely a DUI accident case.
How can I prove that the driver was under the influence at the time of the accident?
To prove that the driver was under the influence at the time of the accident, different tests and evidence can be used. These include police reports documenting the detection of alcohol or drugs in the driver’s system, testimonies from eyewitnesses who noticed signs of intoxication, results from alcohol or toxicology tests performed on the driver, images or videos showing suspicious behavior of the driver at the scene of the accident, and any other evidence supporting the claim that the driver was under the influence.
What happens if the driver responsible for the accident is uninsured or flees the scene?
If the driver responsible for the accident is uninsured or flees the scene, this could complicate the process of seeking compensation. However, all is not lost. In these cases, it is essential that you seek legal advice from an accident lawyer who can guide you through the appropriate legal path to achieve justice.
At Nonna Shikh Law, we have over 25 years of experience resolving cases like these, so we know how to help you vindicate your rights. Call us at 718-295-4000 and get ready to receive the compensation you deserve.
The team of writers of Nonna Shikh is made up of a group of lawyers specialized in personal injury, traffic, construction and slip and fall cases. Each member of the team has extensive experience in their area of specialization and is committed to providing the best defense and compensation to their clients in New York City.