There’s no denying the dangers of impaired driving. Despite the statistics and the constant effort to discourage impaired driving, many drivers make the wrong decision. Not only are the outcomes of a DWI accident financially and psychologically draining, but they are often fatal. Driving while impaired is a serious offence, and those affected by it should seek legal help and justice. 

Knowing what your options are in these critical situations is of tremendous importance. It can help you protect your legal rights and receive proper compensation for the damage and injury suffered in a DWI accident. If you or your loved one has been involved in a car accident, here’s all you need to know about victim’s rights in DWI lawsuits and some tips on how to navigate the process with more ease.  

Seeking criminal prosecution 

One of the options you have as a victim of a DWI accident is to press criminal charges against the at-fault driver. After all, a DWI is a serious offence, and holding the drunk driver accountable for their actions is a must. If you give the court your victim impact statements, you can get reimbursed through criminal restitution payments. These statements also play a role in influencing the severity of legal consequences for the at-fault driver. 

Speaking of legal consequences, things can easily escalate into a felony DWI lawsuit in case of a repeat DWI offence. Drivers are charged with felony DWIs if they already have one or more DWI convictions that have taken place within a ten-year span. A person may also be charged with a felony DWI if they were transporting a minor at the time of the arrest, or if their impaired driving resulted in injury or death. 

Filing an insurance claim

In addition to stress and worry, the aftermath of a DWI accident may also leave you with hefty medical bills. This can cause significant financial strain during an already tumultuous period in your life, which is why filing an insurance claim is common among DWI accident victims. The thing is, sometimes the court doesn’t order restitution. If they do, the at-fault driver sometimes may not have sufficient funds to make those payments. 

On top of that, many drivers may be underinsured, or may not have insurance at all. While your attorney can help ensure the maximum amount that is possible, a fair settlement may be hard to reach with the insurance company of the at-fault driver. In that case, it’d be best to file a personal injury lawsuit. 

Filing a personal injury lawsuit 

If you have sustained severe injuries from a DWI accident, it is your right as a victim to file a personal injury lawsuit. It can help ensure that you are monetarily compensated fairly for any losses that occurred due to the accident. Whether we’re talking about lost wages, property damage, emotional distress, disability, or the costs of medical care, you will be awarded compensation for personal injury damages that you’ve endured as a result of the accident. 

Ensuring a reliable and experienced legal representation for yourself is imperative in these situations. Not only will the right attorney help you navigate the legal challenges more easily, but they’ll also help settle the case while ensuring you get a substantial amount.

Dram shop liability 

Aside from filing lawsuits against the at-fault driver and ensuring compensation from them, you can get compensated from an alcohol-serving business. If an individual that shows clear signs of intoxication gets served from an establishment that serves alcohol, that establishment can become liable for any damages caused by the impaired driver.  

In other words, you can easily become eligible for receiving compensation from the alcohol-serving establishment due to their negligence of overserving an already intoxicated individual. What this means is that, even in cases where the driver at fault is unable to compensate them, DWI accident victims can still ensure financial recovery. 

Understanding your DWI victim rights means protecting them

Being involved in a car accident can feel quite overwhelming to say the least. Not only can the stress of dealing with a DWI aftermath take a toll on your mental health, but it can also drain you financially. Therefore, seeking justice is vital in this situation, and it all starts by understanding what your rights are as a DWI accident victim. With a reputable law professional on your side, you’ll be able to address the legal challenges with more confidence and ease and select the option that works best for your particular case.