Cole, Cole, Easley, and Sciba Trial Attorneys can guide you through the claims process if you’ve been injured in a car accident caused by someone driving under the influence in Victoria. For all the different forms of negligence that cause car accidents here, the most frustrating—and damaging—is a DUI. If you or someone you care about has been hurt in one of these accidents, set up a free consultation today.
Why a Lawyer Makes Sense After a DUI Accident
Even though a DUI accident is still technically a car accident, it’s obviously very different from a normal fender bender. First, the damage is usually more serious because of what driving under the influence does to a driver: it slows their reaction time, makes them more aggressive, and dampens any effects of a collision. And while there’s not much you can do in the moments that lead up to it, DUI puts you and everyone else on the road at risk. And when there’s a collision, you end up paying the price.
Trying to move forward is usually the point where a lawyer makes sense. Our team can help you through the aftermath of a DUI collision by:
- Looking into how the accident happened and what led up to the collision
- Obtaining police reports and determining whether alcohol or drugs played a role
- Gathering medical records and documenting the full extent of your injuries
- Handling communications with insurance adjusters on your behalf
- Challenging attempts to minimize your injuries or shift blame
- Negotiating a settlement or filing a lawsuit when necessary
In the seconds after your accident, you’re not thinking about the claims process. But the reality is that it can be incredibly painful and frustrating, even if it’s obvious the other driver was under the influence at the time. And even with that knowledge, it doesn’t automatically mean things will work out in your favor. Instead, it’s about putting together a strong case to an insurance company or court, and that’s exactly where our team can guide you from the beginning.
What Your Legal Options Look Like After a DUI Accident in Victoria
Legally speaking, a DUI accident in Victoria forks into two paths: criminal and civil. There’s obviously going to be criminal charges brought against a driver that’s impaired and injures you. But it’s actually the civil claims process that you should be focused on. That’s where you basically say that the impaired driver was negligent and that’s what caused your “damages.”
To file a civil claim, you have two options: filing an insurance claim out of court or filing a personal injury lawsuit.
- Insurance claim. This is much less formal because it happens outside of court, but it’s totally controlled by the other driver’s insurance company. They decide what the evidence says and whether they should offer you a settlement—which they usually do if their driver is found to be under the influence. An insurance company’s goal is to save money, which is why they stretch the process out and offer you a low initial number.
- A personal injury lawsuit in civil court usually comes after the insurance company decides to stick to a low offer. This is where you file a civil Complaint and go into litigation. A lot of these settle before going to trial with a judge and jury, but we prepare it as if it will. The idea is to take the decision-making and control out of the insurance company’s hands, which is ultimately fairer. A lawsuit also allows you to get fuller “damages” like:
- Current and future medical expenses
- Current and future lost wages
- Repair/replacement costs for your car
- Pain and suffering
- Emotional distress
- Reduced quality of life
- Wrongful death expenses in fatal accidents (common with DUI cases)
Even though these are the options every DUI accident victim has, every case progresses differently. It comes down to the details: both with who’s responsible and what information you have at your disposal.
Who Pays My Damages in a DUI Accident Claim?
A DUI accident is one of the easier ones when it comes to narrowing down responsibility, and this actually makes it much different than a normal car accident. Obviously, because driving under the influence is such a clear example of negligence, the driver that was intoxicated is going to carry most of the responsibility.
But it also can come down to the circumstances—namely who provided them with the intoxicating substances and then let them drive. With that, others might share of of the responsibility, like:
- The owner of the vehicle
- Other drivers who might have contributed to the collision
- Car or parts makers
- Party hosts or bar management
- City government agencies
So yes, there can be others involved when it comes to paying for your damages, but in the vast majority of DUI accidents, it’s going to fall on the intoxicated driver. But even if you have that, what you’re able to get out of a claim is going to come down to the information you have.
Information That Can Help a DUI Accident Claim
This is another area where things look familiar—even though it’s incredibly different when another driver is under the influence. After the actual collision, the scene is going to be an important source of information you’ll later need. So you should focus on trying to get:
- Pictures/videos of your car, injuries, the other car, road conditions, signs, and anything else that shows what the immediate aftermath looked like.
- Driver’s license and insurance information from the driver. Don’t confront them about their intoxication, let the police handle that part.
- Contact information from any bystanders or witnesses.
Obviously, trying to do this is much easier said than done. DUI collisions are notorious for being confusing and heavy. The impacts are greater, and a lot of times, the other driver isn’t going to be aware of what they’ve done—if they try to stick around at all. And there’s also the information you need that comes in the weeks after the collision like:
- Your medical records, both from the initial ER treatment to ongoing care. This ties your injuries to the collision itself.
- The police report. Calling the police is important so they can put the driver through field sobriety tests, and register their BAC.
- Journals and notes about your ongoing struggles. This is important for documenting your pain and changes to your daily life.
Again, although this information is fairly consistent across DUI accidents, every situation is different. What you need is going to be particular to you and what happened.
What DUI Accidents Usually Look Like in Victoria
DUI accidents in Victoria might be unfortunately common, but they can still vary a lot from situation to situation. At the same time, because they happen for the same reasons and have the same conditions, they have familiar patterns. Here’s what they normally look like:
- Rear-end collisions where the impaired driver’s slowed reaction time really comes to the forefront, causing them to barrel into the back of other cars because they can’t react in time to changing traffic patterns, signs, or lights. As a result, they happen at busy intersections like Navarro Street and Zac Lentz Parkway.
- Head-on collisions. These are usually the most serious collisions in terms of the damage. Impaired drivers frequently ignore wrong way signs—or otherwise can’t keep control of their car and drift into your lane as you head in the opposite direction.
- T-bone accidents. Of course, that lack of control also leads to t-bone collisions. Impaired drivers drift into your lane as you’re beside them. And it’s worse on busier roads like Highway 77.
- Rollover accidents. Even if the intoxicated driver doesn’t collide with you, they still move erratically. One of the more common moves is for them to run off the road, overcorrect, and lose control as they get back on the road. This almost always leads to rollovers and chain reaction collisions.
- Pedestrian and bicycle accidents. The danger with intoxicated drivers isn’t just limited to other people in their car. Everyone else on or around the roadway—especially pedestrians and people on bikes—are vulnerable to the driver’s slowed reaction time and awareness.
Obviously, the thing that ties all these different scenarios together is an impaired driver’s lack of reaction time and situational awareness to drive safely for the conditions. But all of that doesn’t excuse such a reckless decision. And it also doesn’t change what you’re left with when you’re involved in the accident.
How Cole, Cole, Easley, and Sciba Trial Attorneys Can Help You After a DUI Accident in Victoria
When someone decides to drive while under the influence of alcohol or drugs in Victoria, it’s a decision that puts everyone else at risk. That’s what makes a DUI accident so frustrating—it was entirely preventable.
But when you’re injured, it brings up questions about how you’ll move forward with your life and what you can do to make that process easier. That’s where our Victoria DUI accident lawyers at Cole, Cole, Easley, and Sciba Trial Attorneys can help. We’ll sit down and help you understand your options and guide you through everything. To get started, set up a free consultation today.
