Episode 101: Calloway County car wreck attorney Jeff Roberts discusses what to you if you’ve been involved in an accident with a drunk driver. Jeff has over 32 years of experience representing people involved in motor vehicle accidents. Note, he does not represent drunk drivers. Jeff is a personal injury attorney.
The public generally understands the risks associated with driving intoxicated due to alcohol or another substance. Unfortunately, people continue to do it. Jeff has represented people who were involved in an accident with a drunk driver, as well as injured passengers in the same vehicle with the drunk driver.
You Still Have to Prove Negligence
As with any other traffic accident, to win your case, you still need to prove the other driver was negligent. Jeff points out that just because they were behind the wheel and intoxicated doesn’t mean their negligence cause the collision.
For instance, consider this scenario. Someone is operating a vehicle while intoxicated, but they are sitting at a red light. A second driver plows into the rear-end of the car. The drunk driver didn’t cause the wreck and therefore wasn’t negligent for the accident and resulting injuries.
Important Steps to Take after a Car Wreck with a Drunk Driver
First, if you’ve been injured, seek medical treatment. If the officer asks if you’ve been injured, it’s best to let him/her know if you’re hurting, but may decide to seek medical treatment if the pain continues. Jeff recommends you go to the ER, hospital or urgent care as soon after the accident as possible. This can make it more difficult for the insurance company to argue the injury or pain was not related to the car wreck.
Your adrenalin can mask the pain from the collision, until it wears off in a few hours or the next day. Again, this is a reason you might not want to state that you’re not injured. As soon as you begin experiencing pain, seek medical care and let them know you were in an accident
Second, take photos at the accident scene, if safe to do so. If beer cans fall out of the negligent driver’s car as they exit, try to get a photo. Take photos of the damage to each car and the position of the vehicles in the road. If there are any skid marks on the pavement, try to get pictures. It’s also a good time to take photos of any cuts or bruises.
Third, if you suspect the other driver is driving under the influence, it’s important that you contact an injury attorney. The officer at the scene might not try to find out where the intoxicated driver was at, prior to the collision. The bar or restaurant that over-served the individual may also be liable for your damages. This can be extremely important if the negligent driver doesn’t have enough insurance to cover your medical bills and other damages.
You own under insured motorist coverage (UIM) may be available to pay for damages in excess of the negligent driver’s insurance policy. There’s also a chance the driver has had previous accidents and is driving without insurance. This would be a situation in which you would file a claim on your uninsured motorist coverage (UM). In Episode 59, Jeff explains the various types of insurance that might apply to this situation.
Injured Passenger in a Car Driven by a Drunk Driver
If you are an injured passenger in a car driven by a drunk driver, you still have a claim for your medical expenses, based on the negligence of the driver.
As Jeff discussed in Episode 96, Kentucky is a pure comparative fault state. If you knowingly got into the vehicle driven by an intoxicated person, the jury can assign part of the fault to you, which would decrease the amount of damages you could recover from the intoxicated driver.
That does not mean you have any liability for the injuries to the people in the other vehicle.
Additionally, you’ll still have PIP coverage, which will generally provide $10,000 for your injuries and lost wages. The rights of passengers was covered in Episode 28. PIP coverage is considered “no-fault” coverage. For this reason, it can quickly be used, rather than waiting for the car wreck case to be resolved.
If you are a pedestrian that is struck by a vehicle, you will have PIP benefits from the car that made contact with you.
As Jeff has noted in his motorcycle safety episodes, motorcyclists typically are exempt from PIP coverage, unless they specifically opt-in to that coverage, at additional expense, on their individual motorcycle insurance policy. In fact, without that extra coverage, you are unable to recover your first $10,000 in damages.
If the Drunk Driver Is Arrested, Does It Affect My Injury Claim?
While it doesn’t directly interfere with the injury claim. If the negligent drunk driver pleads guilty (or is found guilty) it can have an impact on your claim. Remember, you have to prove negligence. An admission or finding of guilt makes this much easier, especially if you are suing for punitive damages.
Jeff points out that if a criminal case is being pursued, it might make it more difficult (initially) for your injury attorney to get specific information. For example, the defense attorney may not be forthcoming with information related to the bar or restaurant that over-served the drunk driver.
There is a 1-year statute of limitation for bringing your lawsuit against the bar or restaurant. If the criminal case for drunk driving moves slowly, there’s a risk you could exceed the 1-year window and thus lose your ability to sue the bar or restaurant. Jeff explains “What is a statute of limitations?” in Episode 55.
We hope you found this episode insightful and helpful. Thank you for listening!
What Do Other Clients Think About Jeff?
We always encourage listeners to read the Google Reviews Jeff Roberts has received from many of his clients. A 5-Star rating and the comments are earned recognition and demonstrate Jeff’s commitment to his clients. As a solo attorney, he has more Google Reviews than some firms with multiple attorneys. Jeff shares the credit with his staff at the Roberts Law Office. Successfully representing injured clients is a team effort. It’s why Jeff likes to say his firm offers small town service with big city results.
Jeff Roberts Represents Injured Clients Throughout Kentucky
With offices located in Calloway County (Murray) and now in Christian County (Hopkinsville), Jeff has a history of representing personal injury clients, workers’ compensation clients and social security disability clients across the state. He’s represented clients from Paducah, Bowling Green, Louisville, Covington, Whitesville and many other Kentucky locations. He’s not just a Western Kentucky injury attorney.
Is It Time to Speak with an Attorney about Your Car Wreck Claim?
The office phone number is (270) 753-0053 or toll free at 800-844-5108. For more information, visit www.JeffRobertsLaw.com. This podcast is meant to provide information and is not legal advice. Jeff’s principal office is located at 509 Main Street, Murray, Kentucky. Co-host Jim Ray is a non-attorney spokesperson. This is an advertisement.
