When You’re the Victim of a
Drunk Driver
Many auto accident cases involve two people who genuinely weren’t
behaving so recklessly that they deserve society’s ire. People make mistakes.
But when it comes to drunk drivers, our community and our laws react with
severity. If you’re the victim of a drunk driver, do not hesitate to call a personal injury attorney. You have rights
that you may be completely unaware of and you probably need an advocate to take
care of the legal issues while you take time to heal.
Why DUI Cases are Confusing to Victims
In accidents involving people who were Driving Under the Influence
(DUI), the city’s district attorney gets involved and files a criminal case
against the driver. In that process, the DA is trying to prove that the other
driver was drunk and to punish him or her appropriately.
But that process does not take care of you and your damages! For that,
you need your own attorney to handle a civil case against the driver.
In the criminal trial, the DA needs information from the accident
victim – the extent of your injuries, damages, and other related information.
But the prosecutor doesn’t call your doctors to ask about treatment; he doesn’t
negotiate with hospitals to reduce your bills; he doesn’t work with insurance
companies to get you the highest coverage possible. In fact, he doesn’t even
know those laws. It’s not his job.
It is a personal injury
attorney’s job to do all of those things – as explained throughout the rest of
this book.
Think of it this way: The prosecutor’s job is to punish the bad guy in
a criminal process. Your personal injury attorney’s job is to make the bad guy
and his insurance company pay in the civil process.
One Misstep and We Sue
There is absolutely no reason that the DUI driver’s insurance company
should balk at any of your claims for coverage. At the O’Sullivan Law Firm, the
moment the DUI driver’s insurance company puts up any fight whatsoever, we sue
them.
Why? Because they have a legal duty to pay for all of the DUI driver’s
harm and, quite honestly, juries don’t like it when insurance companies fight
with victims of DUI accidents. We will swiftly take them to court and protect
your rights.
TRUE STORY
The O’Sullivan Law Firm represented a taxi driver who was working in
downtown Denver on a Friday night. He was driving east on 17th
Avenue and was hit from the side by a drunk driver who ran a red light. The
drunk driver’s car spun all the way around and ended up behind the taxi driver.
As the drunk driver tried to flee the scene, she smashed into the taxi driver
four more times!
When the drunk driver’s insurance company showed resistance to the taxi
driver’s claims, we instantly sued. Very
quickly, the insurance company realized that they did not want the case to go
to court and they provided our client with all of his rightful coverage.
A Final Word on DUI Cases
As we stated at the top of this chapter, many auto accidents involve decent
people who simply make mistakes. But DUI cases are different. The drunk driver must be brought to justice
in two legal processes: criminal and civil. You absolutely need a personal
injury attorney to fight for your rights in the civil process.