It is no secret that drunk driving is incredibly dangerous. Getting behind the wheel while intoxicated can result in life-altering injuries and even death. As such, if you have been injured by a drunk driver in Washington, D.C., you may be entitled to compensation for the damages you have suffered. However, acting quickly, by seeking medical care, documenting evidence, and familiarizing yourself with liability laws, can strengthen your claim for compensation. Read on to learn more about recovering compensation after a drunk driving accident in Washington, D.C.
What Should You Do Immediately After a Drunk Driving Accident?
Taking the correct steps in the immediate aftermath of a drunk driving accident can protect both your health and legal claim. Proper documentation, medical care, and police involvement can have a significant impact on your ability to recover compensation.
Under Washington, D.C. law, a driver is considered legally impaired with a blood alcohol concentration of 0.08% or higher.
Key Steps to Take at the Scene and After the Accident
- Call 911 to request police and medical assistance at the scene
- Allow EMTs to examine you, even if you feel okay or if your injuries seem minor
- Ensure police conduct sobriety or chemical testing
- Take photos and videos of:
- Damage to both vehicles
- Road conditions
- Visible injuries
- Gather witness contact information
- Obtain a copy of the police report before leaving the scene
- Seek follow-up care from your doctor or a hospital
It is important to call 911 to the scene immediately. The police can send an ambulance, conduct field sobriety tests, administer a breathalyzer test, and more. Additionally, you should visit the hospital, your doctor, or an urgent care facility right away. Going to a doctor will also provide you with important proof of the origin and extent of your injuries.
How Do You Prove a Drunk Driver Was Liable?
To recover compensation following a car accident, you must meet the burden of proof by showing the driver was negligent and intoxicated. Evidence collected in the immediate aftermath of the accident can play a critical role in establishing liability under Washington, D.C. law.
A drunk driver may be proven liable when evidence shows they were intoxicated and subsequently caused the collision. This is typically established through police reports, BAC testing, and supporting evidence like witness statements or surveillance footage
Washington, D.C., follows a contributory negligence rule, meaning that if a victim is found even partially at fault, they may be barred from recovering compensation, which makes strong evidence especially important in drunk driving cases.
Evidence That Strengthens Your Case
- Police reports documenting DUI or impairment
- Breathalyzer test results of blood alcohol concentration results
- Medical records
- Witness statements
- Surveillance or traffic camera footage
- Photos and videos taken at the scene
If you are injured by a drunk driver, you will have to fulfill the burden of proof. As such, you should be sure to ask for a copy of any relevant medical documents. If you are able, take pictures and videos at the scene of the accident.
What Compensation Can You Recover?
If you are the victim of a drunk driving accident in Washington, D.C., you may be entitled to financial compensation for the economic and non-economic damages you’ve suffered as a result of the other party’s negligent actions and decisions.
Types of Compensation Available
- Medical expenses, including emergency care and rehabilitation
- Lost wages
- Reduced earning capacity
- Pain and suffering
- Mental anguish
- Scarring or disfigurement
- Loss of enjoyment of life
- Property damage
The value of a drunk driving accident settlement can vary depending on the severity of injuries, available insurance coverage, and the strength of the evidence presented in the claim
An injury can lead to overwhelming medical bills, financial trouble, pain and suffering, loss of enjoyment of life, and more. As a result, you may be entitled to compensation to help ease the financial burden caused by another person’s negligent actions
Can a Bar or Restaurant Be Held Liable (Dram Shop Laws)
Yes, a bar, restaurant, or other establishment may face liability if it served alcohol to someone visibly intoxicated or underage, and that person later caused an accident.
Dram shop laws are in place to hold establishments that serve alcohol accountable for who they serve. For example, if a customer is clearly showing signs of intoxication and the bartender continues to serve the customer, the bartender or establishment may be held responsible if the customer goes on to cause an accident. Dram shop laws also apply to liquor stores, restaurants, and any other establishment that serves alcohol. Some examples of dram shop negligence are as follows:
When an Establishment May Be Held Liable
- Serving alcohol to an individual who is already intoxicated
- Serving alcohol to an individual who appears to be intoxicated
- Serving alcohol to “a person of notoriously intemperate habits”
- Serving alcohol to a minor
Essentially, dram shop laws allow the victims of drunk drivers to file lawsuits against the location that served or provided alcohol to the driver who then caused harm.
Contact Our Experienced Washington D.C. Injury Firm
If you have suffered damages as a result of someone else’s negligent actions, it is imperative to understand your legal options. At Trombly & Singer, PLLC, our firm understands how difficult these matters can be for those throughout Washington, D.C., to navigate. That is why our firm is ready to represent you during these complex times. Contact us today to learn how we can fight for you.