When a person makes the decision to drive when they are intoxicated, they are putting others at risk. Drunk driving is a leading contributor to auto accident fatalities. If you have lost a loved one or sustained a serious injury due to a drunk driving accident in Montgomery, Alabama, you may be eligible to file a personal injury claim.
Our Montgomery drunk driving accident lawyer understands the issues you are facing right now. Whether you were hit on I-85 or in the Walmart Supercenter on Ann Street, , you have a right to seek damages from the drunk driver who hit you.
Call the Law Office of Dwayne L. Brown today and speak with a member of our legal team. Learn more about your legal options and how our Montgomery car accident lawyers can help you collect compensation for your medical expenses, lost wages, pain and suffering, and possibly more.
Drunk Driving Is Still a Very Serious Issue
Since the 1980s, our country has been fighting to cut down on the tragic loss of life in drunk driving accidents, and yet decades later, we are still dealing with this irresponsible behavior. In fact, the National Highway Traffic Safety Administration (NHTSA) reported 13,524 alcohol-related crash fatalities in 2022. That is about 37 deaths a day.
When a person is under the influence of alcohol, their reaction time is impaired. They may have difficulty focusing, and motor functions are less accurate. Under Alabama law, a blood alcohol concentration (BAC) of .08% or higher is considered driving under the influence (DUI).
However, if you are involved in an auto accident, if the responsible driver had any amount of alcohol in their system, it may be considered negligence even if the driver was below the legal limit.
DUI Wrongful Death Accidents
If vehicular manslaughter is caused by a drunk driver, it is common for a wrongful death lawsuit to be filed. The driver can face criminal charges and a civil personal injury lawsuit for negligently causing another person’s death. Although not intentional, vehicular manslaughter accidents are considered more serious when the driver was impaired by alcohol. It is a preventable tragedy that can impact everyone who loved the victim, especially their immediate family.
Additionally, a wrongful death lawsuit can only be pursued by a personal representative of the deceased estate. The representative will either be stated in the deceased’s will or appointed by the courts.
Also unique to wrongful death cases in Alabama is the type of damages awarded in these cases. Alabama only awards punitive damages, not compensatory damages. These awards are meant to punish the defendant for their actions and warn other against similar behavior. There is no limit, or cap, on the punitive damages a family may receive.
Compensation For Losses Following a Montgomery Drunk Driving Accident
Alabama law, wrongful death actions are exclusively punitive and are set to discourage similar actions in the future. However, for non wrongful death cases, you must pursue compensatory damages.. You can file a claim with the negligent driver’s insurance company for such damages as the following:
- Medical bills: Hospital stays, doctor’s visits, surgeries, medications, rehabilitation, home modifications, ongoing nursing, and transportation
- Lost wages: Salary or hourly pay, tips, bonuses, benefits, and missed promotions
- Reduced earning potential: Unable to return to work
- Property damage: Repair or replacement of your motor vehicle, personal effects, smartphones, and clothing
- Pain and suffering: physical pain, emotional distress, anxiety, depression, post-traumatic stress disorder (PTSD)
The damages you may seek in your claim will be unique to your circumstances, and the value of your claim will be influenced by such factors as:
- The severity of your injuries
- The time needed to recover
Additional damages you could claim may include such losses as:
- Loss of consortium for the effect your injuries have on your relationships
- Loss of enjoyment of life for the inability to do what you once enjoyed
- Disability or disfigurement for any permanent loss in your quality of life
Our personal injury lawyer serving the city of Montgomery can investigate your accident and compile a list of damages in your case. Call us today for your free consultation.
How We Can Help You Seek Compensation for Your Drunk Driving Claim
Attorney Dwayne Brown has been providing clients with personalized legal services for 30 years. We keep our caseload small so that we can devote the individual time needed to help our clients.
Here’s how we empower you with the knowledge to make good decisions on your claim:
Investigation Into Your Drunk Driving Accident
Once you fire us as your accident attorney, we will investigate the Montgomery accident scene. We will gather evidence like:
- The police report
- Your medical records
- Eyewitness statements
- Expert testimony
- Photos and video
With the evidence we collect, we will file your personal injury claim with the responsible party’s insurance company.
Negotiate a Fair Settlement
We will handle all communication regarding your case. We will speak with the insurance adjusters and the insurance company’s attorneys on your behalf. We will negotiate with them to obtain a fair settlement that covers our list of damages.
Represent You in Court
If we cannot reach a settlement, we will move your case to the Circuit Court of Montgomery County and let a judge or jury decide on your financial compensation.
However, we must file your personal injury lawsuit within two years of the accident date, per AL Code § 6-2-38. If we miss that deadline, the courts could bar your case.
Constant Updates on You and Your Case
Through the legal process, we will keep you updated on any changes in your case. You can reach out to us with any questions you may have. We will be by your side from beginning to the end.
Get Legal Representation for Your Montogomery Drunk Driving Case Today
Your drunk driving injury claim can help you recover financial damages caused by a drunk driver. The Law Office of Dwayne L. Brown in Montgomery handles drunk driving injury accident claims and will fight for your rights.
Contact our office for your free consultation to discuss your case and learn more about your legal options.
Law Office of Dwayne L. Brown
Address: 2740 Zelda Road, Suite 500 Montgomery, AL 36106
Phone: 334-277-3757
Opening Hours: Available 24/7
