If you have been recently injured in an accident with a drunk driver, you are likely looking to take legal action to recover compensation for your damages. To learn more about how you can file a valid claim and the steps you should take immediately following the drunk driving accident, continue reading and reach out to our motor vehicles accident attorneys serving Maryland and Washington, D.C.
What Should I Do After Being Injured In An Accident With A Drunk Driver?
A drunk driving accident occurs when a driver, who is under the influence of drugs or alcohol, causes an accident and subsequent injury to another person. It is crucial that you take the following steps immediately following the drunk driving accident to increase your chances of filing a successful personal injury claim:
- Alert the authorities. The police will document the accident by conducting a police report. They will also likely ask the driver to submit to chemical testing, which often plays a key role in your claim.
- Seek immediate medical treatment.
- Collect the other driver’s insurance information if possible. If the driver is threatening or very intoxicated, it is best to wait in your car until the police arrive.
- If there were any witnesses to the accident, collect their contact information, including their name, phone number, and email address.
- Take pictures and videos of the scene of the accident, including damage and your injuries.
- Collect all medical documentation relating to your treatment.
- Retain the services of knowledgeable Prince George’s County personal injury attorneys who will collect further evidence to support your claim and will work to satisfy the burden of proof to recover the compensation you deserve.
How Drunk Driving Affects Liability in Maryland
When someone is arrested for a DUI in Maryland, it can have a considerable impact on the outcome of a personal injury case. It is generally easier for injured victims to prove negligence when a driver has been convicted of a DUI, especially if they are at or over the legal limit of 0.08%. As such, showing that they have violated the law is enough to show a breach of duty, thus proving negligence.
It is important to understand, however, that the criminal case is different from your civil case against the driver for the damages they have inflicted.
As such, it is in your interest to work with an attorney who can help you gather important information, like toxicology reports, chemical test results, and police reports of the accident, as these will be integral to the outcome of your case
Does Maryland Have Dram Shop Laws?
Dram shop laws are put into place in many states across the country that allow individuals to sue the drunk driver and the establishments that served the driver alcohol under certain circumstances.
However, Maryland does not have dram shop laws in place. As such, a claim for damages suffered in a drunk driving accident is generally limited to the drunk driver. This is why it is important that you hire an attorney who will work to recover full compensation from the driver’s insurance company.
Can I Sue a Drunk Driver for Injuries in Maryland?
If you have suffered injuries as a result of a drunk driver, it’s important to understand when you are eligible to recover compensation.
Elements of Negligence
Generally, you may be able to pursue compensation if the following are true:
- The driver owed you a duty of care
- The driver breached that duty by driving while under the influence
- The breach directly caused your injuries
- You suffered personal harm or financial loss as a result
Maryland’s Contributory Negligence Law
It is imperative to understand that Maryland adheres to the contributory negligence statute. This means that if you are found to be even 1% at fault for the injuries you have suffered, you may be barred from recovering compensation. As such, working with an attorney who can help you through these matters is critical.
What Is The Statute Of Limitations For Personal Injury Claims In Maryland?
The statute of limitations for personal injury claims in Maryland is, generally, three years. This means that you must take legal action against the liable party within three years from the date of your drunk driving accident. Failure to do so may risk you being permanently time-barred from suing. To get started, give our firm a call today.
Work With Our Dedicated Personal Injury Attorneys Today
If you have been injured by the actions of a drunk driver in Maryland, it can take a serious toll on your life. As such, it is in your best interest to connect with an experienced attorney with Timian & Fawcett, LLC. Our firm understands how difficult these matters can be to navigate, which is why we are committed to helping you pursue the compensation you deserve. Connect with us today to learn how we can assist you in these difficult times.
