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Your Rights Under Alabama Drunk Driving Accident Law

By: Fred Moore | Dec 12, 2018

According to the Centers for Disease Control, 28 people are killed in motor vehicle accidents involving drunk drivers every day in the United States. Drunk driving accidents can result in serious injuries or death to other motorists, passengers, bicyclists and pedestrians. If you’ve been injured or have lost a loved one in an a collision with a driver who was under the influence of alcohol or drugs, our personal injury attorneys at Moore Law Firm can help you understand your rights under Alabama drunk driving accident law and help you recover maximum compensation for your damages.

Alabama DUI Law

In Alabama, a driver over the age of 21 with a blood alcohol content (BAC) level of 0.08 percent or higher can be charged with a DUI. For underage drivers, the BAC limit is 0.02 percent. Although a first-time DUI conviction is a misdemeanor crime, a driver convicted of a DUI can also face a civil lawsuit if they cause property damage, injury or death to others while driving under the influence.

Recovering Damages In A Drunk Driving Accident Case

Even if the driver who injured you has been convicted of a DUI, you must still prove your civil case in order to recover compensation. The defendant’s attorney or their insurance company will use various strategies to deny liability and minimize your damages, so having a personal injury lawyer to represent your interests is essential to protect your rights.

Your attorney will establish and document the full extent of your injuries and work to recover compensation for your medical bills, lost income, pain and suffering, emotional distress and other damages. If you have lost a loved one due to a drunk driver’s negligence, your attorney may pursue a wrongful death action. In addition to compensatory damages, a drunk driver may be liable for punitive damages, which are used to punish the negligent party and deter them and others from committing similar egregious acts.

Your lawyer will examine the defendant’s criminal history and conduct a thorough investigation, which may include reviewing police reports and court documents from the criminal DUI case and interviewing any witnesses to the accident. Your personal injury attorney will also evaluate all of the defendant’s assets and determine the most effective course of action to recover compensation from the defendant’s insurance company.

Third-Party Liability

In drunk driving accident cases, third-party liability claims are often known as Dram Shop claims. Dram Shop claims assign liability to bars, clubs, restaurants and even hosts of private parties for continuing to serve an intoxicated person, which puts others in harm’s way. Seeking the counsel of a seasoned personal injury lawyer who has experience handling cases involving Alabama drunk driving accident law and Dram Shop liability is a must in order to hold all responsible parties accountable for your injuries and losses.

Contact An Experienced DUI Accident Attorney

If you’ve been injured or have lost a loved one in an accident with a drunk driver, call Moore Law Firm at 251-445-7602 or contact us online to schedule a consultation.