FROM VICTIM TO VICTOR: How to Make a Drunk Driver PAY BIG

When a drunk driver decides to get behind the wheel, it can change your life in an instant. Drunk driving is a common cause of auto accidents in Maryland and Northern Virginia. Every year, many Maryland and Northern Virginia families face devastating injuries and losses due to drunk driving accidents. Beyond the physical pain and emotional distress, victims and their families are often left dealing with significant medical expenses, lost wages, and ongoing uncertainty. 

The good news, however, is that you can move past being a victim. Maryland and Virginia law offers you strong tools to hold drunk drivers accountable. If you were in a drunk driving accident, you may be able to pursue compensation beyond compensatory damages, thus making the reckless driver truly pay for their decision. 

The Importance of Holding Drunk Drivers Liable

After being involved in an accident with a drunk driver, it might be tempting to reach an agreement at the accident scene, close the matter, and move on with life. But hold on a moment before you make such a decision.

Drunk driving is a dangerous behavior. The National Highway Traffic Safety Administration (NHTSA) estimates that approximately 34 people in the nation die in drunk-driving accidents daily. That means that one person dies every 42 minutes. But not only is drunk driving a dangerous behavior. It is also against the law.

A civil claim can hold a drunk driver in ways a criminal case alone cannot. While a criminal case can lead to penalties such as fines, imprisonment, license suspension, and ignition interlock devices, this is not enough to address the victim’s injuries and damages. A personal injury claim is necessary to make the drunk driver pay for the victim’s injuries and damages.

What Types of Damages Can Be Recovered After a Drunk Driving Accident?

The financial and psychological impact of an accident involving a drunk driver can be overwhelming. Fortunately, in Maryland and Northern Virginia, you are entitled to recover different types of damages in a personal injury claim, including;

• Medical expenses, such as hospital bills, surgeries, and medications.
• Lost wages
• Property damage
• Loss of earning capacity if your injuries limit your ability to work in the future
• Physical pain and suffering
• Emotional distress

Because drunk driving accidents can cause damages that go beyond financial losses, such as home adjustments or psychological help, it is vital to thoroughly assess the full picture, and not just the immediate economic implications. Our personal injury attorneys at The Law Office of Paul A. Samakow, P.C. can help you evaluate the full picture of your damages and pursue every form of compensation available.

Punitive Damages: Making Drunk Drivers Pay Big

Some Maryland and Northern Virginia personal injury cases may allow victims to recover punitive damages. Drunk driving accidents are among the cases that allow victims to recover punitive damages.

Punitive damages are different from the damages outlined in the previous section, which are called compensatory damages. While compensatory damages are meant to make you “whole” again, punitive damages are intended to punish the defendant and deter similar reckless conduct in the future. Courts award these damages when the defendant’s conduct meets the legal threshold of willful and wanton negligence or intentional wrongdoing.

Punitive damages can significantly increase the value of your claim. Additionally, because of the purpose of these damages, an award of punitive damages can provide a sense of justice beyond financial compensation.

Steps to Take to Make a Drunk Driver Pay Big

After being involved in an accident with a drunk driver, there are some practical steps you can take to strengthen your personal injury claim and maximize compensation, including the following;

• Call the police immediately. Ensure the police create an official report documenting the other driver’s suspected impairment.
• Seek prompt medical attention. Even if your injuries seem minor, ensure you seek medical attention without delay. Medical records are critical evidence in personal injury cases.
• Collect evidence at the accident scene. This involves taking pictures and videos at the accident scene.
• Gather additional evidence, such as the police report and the other driver’s BAC levels.
• Collect witness information. If anyone witnessed your accident, get their names and contact information. Eyewitness testimony can help corroborate your version of events.
• Track your damages and losses. Maintain all receipts, bills, and invoices, including those related to medical expenses and repairs.
• Do not accept a quick offer. It might be tempting to accept the first offer from the insurance company, but quick offers are usually far below the true value of your case.

How an Attorney Can Help

One of the most vital steps to take to make a drunk driver pay big is to hire an attorney. An attorney with experience handling drunk driving accident cases can;

• Identify all available damages
• Negotiate with the insurance company on your behalf
• Pursue punitive damages, if applicable
• Challenge insurance company tactics
• Gather strong evidence, such as expert testimony, accident reports, witness statements, medical records, and driver history, and use it strategically
• Explore all sources of compensation
• Handle court proceedings if settlement negotiations fail

In short, an attorney can help ensure every legal tool available is used to ensure you receive the maximum possible compensation.

Contributory Fault Law in Virginia and Maryland

It is crucial to note that both Virginia and Maryland follow the strict contributory negligence rule. Under this rule, even the slightest fault on the victim’s part can bar recovery. This makes skilled representation critical. An attorney can help establish liability clearly and prevent you from being unfairly blamed.

Start Your Journey of Making a Drunk Driver Pay Big

Being involved in an accident with a drunk driver is one of the most frustrating and unfair situations anyone can be in. However, the other driver’s reckless decision does not have to ruin your future. With the right strategy, you can hold the drunk driver accountable, recover maximum compensation, and move from being a victim to a victor. At The Law Office of Paul A. Samakow, P.C., our Virginia and Maryland personal injury attorneys are dedicated to helping accident victims and their families hold drunk drivers accountable. We fight for every dollar and the justice you deserve. Contact us today to schedule a consultation and discuss your case.