Drunk drivers are more than just a nuisance. They are dangerous and cause significant injuries and property damage throughout the Lexington area all the time. At Gary C. Johnson, P.S.C., we are here if you need a Lexington drunk driving accident lawyer by your side. If an impaired driver caused your injuries, you deserve compensation. Unfortunately, the path to securing fair monetary compensation can be incredibly challenging. We offer free consultations, and we can get started on your claim quickly.
How Common Are Drunk Driving Collisions?
Drunk driving remains a constant and deadly issue on Kentucky’s roads. According to the Kentucky Traffic Collision Facts, alcohol-related collisions account for a significant percentage of traffic accidents in the state. In 2022 alone, there were thousands of crashes involving alcohol-impaired drivers, leading to numerous injuries and fatalities. These statistics highlight the ongoing risk that drunk drivers pose to everyone on the road.
In Lexington, the situation is no different. The combination of urban traffic, nightlife, and alcohol consumption leads to a steady occurrence of drunk driving incidents. These accidents often result in severe injuries and consequences for victims can be life-altering, both physically and emotionally.
What the Police Do When a Drunk Driving Accident Happens
When a drunk driving accident occurs, law enforcement plays a major role in the immediate aftermath and in building a case against the impaired driver. Here’s what typically happens:
- Accident Response and Investigation. When police arrive at the scene of a suspected drunk driving accident, their first priority is to ensure everyone is safe and to provide necessary medical care. Once the scene is secured, officers will begin their investigation.
- Field Sobriety Tests and Breathalyzers. If the police suspect that one of the drivers is under the influence of alcohol, they will administer field sobriety tests. These tests assess the driver’s physical coordination and ability to perform simple tasks. Additionally, officers may use a breathalyzer to measure the driver’s blood alcohol concentration (BAC). In Kentucky, a BAC of 0.08% or higher is considered legally intoxicated for drivers over the age of 21.
- Arrest and Charges. If the driver’s BAC exceeds the legal limit, or if they fail the field sobriety tests, the police will likely arrest the driver on suspicion of driving under the influence (DUI). The driver get charged criminally, which can include fines, driver’s license suspension, and even possible jail time.
- Gathering Evidence for Your Case. The police report and any evidence gathered at the scene, such as BAC results or witness statements, are critical for your civil claim. This evidence can help establish the impaired driver’s liability.
Steps You Should Take After a Collision With a Drunk Driver
There are steps you can take immediately following a Lexington drunk driving accident to protect your rights and build a strong case for compensation:
- Seek Medical Attention. Your health and safety are the top priority. Even if you do not think you’ve sustained a serious injury, it is crucial to seek medical attention as soon as possible. Some injuries, including brain trauma and internal bleeding, may not be immediately apparent. The Lexington injury attorneys note that a medical evaluation not only ensures that you receive the necessary treatment but also creates a record of your injuries, which is vital for your claim.
- Call the Police. Always report the accident to the police, especially if you suspect the other driver is intoxicated. The police will document the scene, collect evidence, and file a report, all of which are important for both criminal proceedings and your civil claim.
- Gather Evidence. If you are able, collect as much evidence as possible at the scene of the collision. This evidence can include taking photos of the vehicles, the surrounding area, any visible injuries, and any evidence of alcohol consumption (such as open containers).
- Never Admit Liability. Be cautious about what you say after the accident. Even a simple apology could get viewed as an admission of fault.
- Contact an Attorney. As soon as possible, reach out to an experienced Lexington drunk driving accident lawyer. The legal process following a DUI-related accident can be complex, especially with the involvement of criminal charges against the other driver. An attorney can help guide you through the process.
What Compensation Could Be Available to You?
Victims of drunk driving accidents in Lexington may be able to secure various forms of compensation, depending on the severity of the injuries and the circumstances of the accident. At Gary C. Johnson, P.S.C., our Lexington car accident attorneys are committed to helping you recover the full compensation you deserve. Some of the types of compensation that may be available to you include:
- Medical Expenses. This includes all costs related to treatment needed after the collision, such as visits to the ER, longer hospital stays, surgeries, rehabilitation, and ongoing care. If your injuries require long-term treatment, we will also seek compensation for future medical expenses.
- Lost Wages and Loss of Earning Capacity. If your injuries have prevented you from working, you can seek compensation for the income you have lost. Additionally, if your injuries are severe enough to affect your ability to earn a living in the future, you may be entitled to compensation for the loss of earning capacity.
- Property Damage. If your vehicle or other personal property was damaged in the drunk driving collision, you could recover the cost of repairs or replacement.
- Pain and Suffering. Beyond the financial losses, drunk driving accidents often result in overwhelming physical pain and emotional distress. Compensation for pain and suffering is designed to address the non-economic impact of your injuries, including chronic pain, mental anguish, and a reduced quality of life.
- Loss of Enjoyment of Life. If your injuries have diminished your ability to engage in activities you once enjoyed, you may be entitled to compensation for this loss. This compensation recognizes the broader impact of your injuries on your overall well-being.
- Punitive Damages. In cases involving gross negligence, such as drunk driving, the court may award punitive damages. These specific types of exemplary damages are intended to punish the wrongdoer and deter similar behavior in the future.
How Soon Do You Need to File Your Claim?
In Kentucky, there are strict time limits for filing a personal injury lawsuit in civil court after a drunk driving accident. According to the Kentucky Revised Statutes (KRS 304.39-230), you have one year from the date the collision happened to file the claim. This deadline is critical because if you fail to file your claim within the appropriate timeframe, you may lose your right to seek compensation altogether.
Are There Exceptions for Ongoing Criminal Cases?
When a drunk driving accident results in criminal charges against the at-fault driver, the criminal case can impact the flow of your civil claim. It is important to understand that a criminal case drunk driving case and a civil injury case are separate legal proceedings, but they can influence each other in several ways:
Impact on Liability. A criminal conviction for DUI can serve as strong evidence of the driver’s liability in your civil case. However, even if the driver is not convicted, you can still pursue a civil claim. The burden of proof in a civil case is lower than in a criminal case, meaning that you may still be able to prove the driver’s negligence and recover compensation.
Timing of the Civil Case. In some instances, it may be strategic to wait until the impaired driving claim is resolved before proceeding with your civil claim. This allows you to use the outcome of the criminal case to strengthen your claim. However, it is important not to wait too long, as the statute of limitations for your civil claim still applies.
Coordination Between Cases. Your attorney can communicate with the prosecutor handling the criminal case to ensure that both cases are coordinated effectively. This may involve sharing evidence or aligning strategies to maximize the chances of a successful result in both cases.
Speak to an Drunk Driving Accident Lawyer in Lexington Today
If you have been harmed in a drunk driving accident in or around the Lexington area of Kentucky, reach out to the team at Gary C. Johnson, P.S.C. for help as soon as possible. We will not hesitate to stand up for your rights against other drivers, insurance carriers, or legal teams. You can contact us for a free consultation by filling out our contact form or calling us now at (866) 984-0133.
