What are the Legal Options if You are Hit by a Drunk Driver?

If you are injured by a drunk driver you have the right to receive compensation and file a lawsuit against that driver. However, before filing a civil suit you must remember that it can be financially exhausting and greatly time consuming. There is another way to obtain compensation. You can approach the at fault driver’s insurance company to pay damages.

States such as Arkansas follow the fault insurance system where according to Little Rock drunk driving accident lawyers and one of the best in the business is Sheila Campbell, a victim has the choice to file a claim with his or her own insurer or file a third party claim with the other driver’s insurance company. If fault is not clear or negotiations with the insurer fail, there is always the option to take the case to court.

The juries in DUI cases often tend to be sympathetic towards the victim. After the driver is proven guilty, the plaintiff is usually compensated adequately for injuries, depending on the circumstances surrounding the drunk driving accident, and if it is established if the driver’s negligent actions caused the accident.

As mentioned earlier, a victim must choose between a civil suit and an insurance claim. This is often a difficult choice to make. On the one hand DUI accident lawsuits can be complicated, expensive, and lengthy but you have a chance of receiving a bigger compensation if you win. On the other hand getting a claim from an insurance coverage is fast and simple but the damages paid out are often not what one may expect as compared to a lawsuit and Little Rock, AR drunk driving accident lawyers will explain this to you.

In DUIs Insurance Claims is sometimes the Best Alternative

According to state laws every driver must buy some insurance coverage. The best way is to get damages from the other driver’s insurance coverage and you will have to file a lawsuit since they will most likely not offer you the right amount of money for your case. You may have to go after the guilty driver’s assets in these situations:

• Your injuries are extensive and you need a substantial compensation package to cover your expenses.
•  If the driver is grossly underinsured then the company will pay close to nothing.
• If there is more than one victim then the insurance claim will be insufficient to pay the damages.

Worst case scenario, you may have to get your own insurance company to pay up. You will need Sheila Campbell to make this happen.

Prior DUI’s Increase Victim’s Potential to Earn Compensation

Many drivers are habitual offenders. The other driver’s insurance company will seek to settle with you promptly. They would like to avoid a lawsuit at all costs since their client has very little chance of winning.  The driver might be ordered to pay a significant sum as punitive damages for causing grievous bodily injury and also for the pain and suffering that the victims have suffered due to a loss of job, emotional distress, and change of lifestyle. 

For this, the at-fault driver’s insurer will have to bear the financial brunt. In case of a settlement it is always prudent to have a suitable Central Arkansas drunk driving accident attorney to negotiate on your behalf. One of the best in the area is Sheila Campbell. She has made name for herself by working hard and representing clients well. She knows how to win cases and she knows how to build a case the other side cannot knock down. The other side is going to have weaknesses and Sheila and her law firm has the ability and knowledge to exploit these weaknesses. You have enough on your plate, let her work the legal system and gain the financial settlement you deserve.  

Social Host and Dram Shop Liability

The victim or the plaintiff can file a civil suit against those who have served the drunk driver who caused the accused to get drunk or put themselves in a better position to cause harm to other people. In some states, bars, restaurants, or cocktail joint, etc can be named in lawsuit and these are called dram shop laws. 

Additionally party hosts can be charged with liability if he/she has served alcohol to someone who was clearly inebriated and just let them drive off like everything was OK and they were perfectly suited to operate a motor vehicle. Likewise those who have served alcohol to an underage person can be made liable as well - certainly if they drove off and caused an accident and so on. Make no mistake though, the drunk driver will always be the main one who is guilty though.

However, Little Rock, AR drunk driving accident lawyers such as Sheila Campbell who can be reached right here http://www.sheilacampbelllaw.com/ confirm that Arkansas has dram shop laws in place so hosts of social events can be held liable criminally for serving alcohol in particular situations. Social hosts can be held liable in a civil lawsuit after an alcohol related accident in Arkansas.