Seek The Compensation You Deserve!
If you or your loved ones have been involved in a drunk driving accident, our Huntsville AL drunk driving accidents attorney is here to provide you with the professional representation and compassionate support you deserve.
Drunk driving accidents can have devastating consequences, leading to severe injuries, property damage, and even loss of life. At Petro Accident and Injury Attorneys, we understand the physical, emotional, and financial toll that these accidents can take on individuals and their families. Our dedicated team of experienced personal injury attorneys can handle cases related to drunk driving accidents, and we are committed to fighting for your rights and securing the compensation you deserve.
With our extensive knowledge of Alabama’s legal system and our deep understanding of the complexities surrounding drunk driving accidents, we are well-equipped to navigate the legal process on your behalf. We are dedicated to holding negligent parties accountable for their actions and seeking justice for our clients. Call us today!
What is Drunk Driving?
In Birmingham, Alabama, drunk driving refers to the act of operating a motor vehicle while under the influence of alcohol. The legal limit for blood alcohol concentration (BAC) in Alabama is 0.08% for drivers aged 21 and over, and 0.02% for drivers under the legal drinking age of 21.
What are the Types of Drunk Accidents in Birmingham, AL?
In Alabama, like in any other jurisdiction, drunk driving accidents can take various forms. Here are some common types of drunk driving accidents that can occur in Alabama:
- Rear-End Collisions: Drunk drivers may fail to maintain a safe following distance and react slowly, resulting in rear-end collisions with the vehicle in front of them.
- Head-On Collisions: Intoxicated drivers may cross into opposing lanes of traffic, leading to head-on collisions with vehicles coming from the opposite direction. These accidents can be particularly severe and often result in serious injuries or fatalities.
- Intersection Accidents: Impaired drivers may disregard traffic signals or fail to yield the right of way at intersections, causing accidents with other vehicles or pedestrians.
- Side-Impact Collisions (T-Bone Accidents): Drunk drivers may run red lights or stop signs, causing side-impact collisions with other vehicles in the intersection.
- Single-Vehicle Accidents: Intoxicated drivers can lose control of their vehicles, leading to crashes into stationary objects such as guardrails, trees, or utility poles.
- Pedestrian or Bicycle Accidents: Drunk drivers may fail to notice pedestrians or cyclists, resulting in accidents that can cause severe injuries or fatalities.
- Wrong-Way Driving: Impaired drivers may enter highways or roads in the wrong direction, leading to potentially catastrophic collisions with oncoming traffic.
How To Determine the Severity of a Drunk Driving Injury?
Determining the severity of a drunk driving injury in Alabama typically involves a comprehensive evaluation considering various factors. Here are some key elements that are typically considered:
- Medical Assessment: The first step in determining the severity of a drunk driving injury is a thorough medical assessment by qualified healthcare professionals. This assessment may include diagnostic tests, imaging studies, and consultations with specialists to understand the extent of physical injuries, such as fractures, internal injuries, traumatic brain injuries, spinal cord injuries, or organ damage.
- Medical Records and Treatment: Reviewing the injured person’s medical records and treatment history provides valuable information about the severity of their injuries. This includes records of surgeries, hospital stays, medications, physical therapy, rehabilitation, and ongoing medical care required.
- Impact on Daily Life: The impact of the injury on the person’s daily life is an essential consideration. This involves assessing limitations or disabilities resulting from the injury, such as mobility issues, chronic pain, loss of function, or the need for assistive devices or accommodations.
- Emotional and Psychological Impact: The emotional and psychological effects of the injury are also important to evaluate. Trauma, post-traumatic stress disorder (PTSD), anxiety, depression, or other psychological conditions resulting from the accident can impact a person’s well-being and overall quality of life.
- Loss of Income and Financial Consequences: Assessing the economic impact of the injury is important. This involves considering the person’s loss of income, reduced earning capacity, medical expenses, rehabilitation costs, ongoing therapy, and any other financial burdens resulting from the accident.
- Professional Opinions: In some cases, expert opinions from medical professionals, accident reconstruction professionals or vocational professionals may be sought to provide a comprehensive assessment of the severity of the injury and its long-term consequences.
It’s important to note that each case is unique, and the severity of a drunk driving injury may vary. Consulting with experienced personal injury attorneys is essential to accurately evaluate the severity of the injury and pursue appropriate legal action or compensation.
Felony DUI or Fourth Offense:
For a fourth or subsequent offense, the penalties become more severe, including higher fines, longer driver’s license suspensions, longer IID requirements, and longer mandatory imprisonment periods.
Additionally, it’s worth noting that Alabama has an “implied consent” law, which means that by operating a motor vehicle, individuals are deemed to have given their consent to chemical testing (such as breath, blood, or urine tests) if they are suspected of driving under the influence. Refusing to submit to such testing can result in an automatic driver’s license suspension.
Can I File a Lawsuit against a Drunk Driver Who Caused an Accident and Injured Me?
Yes, you can file a lawsuit against a drunk driver who caused an accident and injured you in Birmingham, Alabama. Alabama law allows victims of drunk driving accidents to pursue legal action to seek compensation for their injuries and damages. Here are some key points to consider:
- Negligence and Liability: To file a lawsuit, you generally need to establish that the drunk driver was negligent and that their negligence directly caused the accident and your injuries. This involves demonstrating that the driver owed you a duty of care, breached that duty by driving under the influence, and that the breach resulted in the accident and your injuries.
- Comparative Fault: Alabama follows a “contributory negligence” system, which means that if you are found to have contributed to the accident in any way, even if only slightly, you may be barred from recovering damages. It’s important to consult with an attorney who can assess the specifics of your case and provide guidance on this aspect.
- Damages: In a lawsuit, you can seek compensation for various damages resulting from the accident, including medical expenses, pain and suffering, lost wages, property damage, rehabilitation costs, emotional distress, and other financial or non-economic losses. An attorney can help you determine the appropriate damages to seek based on the specific circumstances of your case.
- Insurance Coverage: The drunk driver’s insurance coverage may provide compensation for your injuries and damages. However, depending on the extent of your losses, the insurance coverage may not be sufficient to fully compensate you. In such cases, filing a lawsuit can help you seek additional compensation.
- Statute of Limitations: It’s crucial to be aware of the statute of limitations, which sets a time limit for filing a lawsuit. In Alabama, the statute of limitations for personal injury cases, including those related to drunk driving accidents, is generally two years from the date of the accident. Failing to file a lawsuit within this timeframe can result in the loss of your right to seek compensation through legal action.
- Legal Representation: Working with an experienced personal injury attorney who can handle drunk driving accidents well is highly recommended. They can guide you through the legal process, gather evidence, assess liability, calculate damages, negotiate with insurance companies, and represent your interests in court, if necessary.
Contact Our Drunk Driving Attorneys Now!
If you or a loved one have been injured in a drunk driving accident in Birmingham, Alabama, it’s essential to take action and protect your rights. Our team of experienced drunk driving accident attorneys at Petro Accident and Injury Attorneys is here to help you navigate the legal process and seek the compensation you deserve.
Don’t face the aftermath of a devastating accident alone. Contact our dedicated team today to schedule a consultation. We have offices in Birmingham and Huntsville. We will listen to your story, assess your case, and provide you with the guidance and support you need during this challenging time.
We can also assist you in the following practice areas: