Waldorf, MD Auto Accidents: What if The Other Driver Was Driving Drunk?
If you have been the victim of a drunk driving auto accident here in Maryland, you have the right to bring a claim for compensation for your injuries. The drunk driver will be facing criminal charges, but that is not the method for victims to recover compensation for medical bills and other injuries and damages suffered. Criminal charges are filed by the State of Maryland, and if the verdict is “guilty,” then the drunk driver will face jail time, large fines, suspension of driving privileges (in some cases), and other punishments. But, again, such will not be of assistance to the victims.
To recover compensation, the victim of a Maryland drunk driving accident will need to use civil processes and procedures (as opposed to criminal processes and procedures). The two methods are these: filing an insurance claim and filing a personal injury lawsuit in the Maryland State courts. For recovering compensation, both methods involve proving the elements required under Maryland’s doctrine of negligence. The amount that an insurance company will pay out will depend on the victim’s successful argument that the drunk driver committed negligence that harmed the victim. In other words, auto insurance policies cover claims that the driver committed negligence. If the insurance company is not convinced that its policyholder committed negligence, then the insurance company will not settle. Likewise, a victim will not recover compensation in a court of law if the victim cannot prove negligence.
That being said, with a Maryland auto accident caused by a drunk driver, proving negligence is generally not too difficult. The four elements of negligence in Maryland are:
- Duty — drivers have many duties imposed by law when they are driving, such as the duty to obey traffic laws and the duty to drive carefully
- Breach of any such duty
- Causation — the breach of duty was the cause of the accident and the injuries
- Injury — like injury to a person
In a personal injury lawsuit, victims are able to recover compensation for many possible types of damages. Some examples include:
- Costs for medical treatment such as ambulance charges, hospital and doctor visits, surgeries, medications, lab tests and diagnostics, and more
- Lost wages and earnings during treatment and recovery
- Costs for rehabilitation, including therapies and devices like prosthetics (if applicable)
- Property loss or damage, including damage to your vehicle and damage to personal possessions lost or ruined that were in the auto
- Pain and suffering
- Emotional and mental distress
Contact Waldorf, MD Personal Injury Attorney Robert Castro Today
This article has been provided by the Law Office of Robert Castro. For more information or questions, contact our office to speak to an experienced Maryland personal injury lawyer at (301) 870-1200. We are Waldorf, MD, Personal Injury lawyers. Our address is 2670 Crain Highway, Waldorf, MD, 20601.
