How to Handle Being Injured by a Drunk Driver
Paying for Your Injuries After an Erie Accident – Travis Law Firm
Being struck by a drunk driver or any other motorist for that matter can turn your life upside down as you face high medical bills, pain and suffering and the inability to work. Injuries may include broken bones, neck or back trauma and even a traumatic brain injury. It’s bad enough for a negligent driver to cause your injuries. Below you will find ways that you can recover compensation when struck by a drunk driver.
So, Who’s Going to Pay the Bills?
Following a collision with a drunk driver, you are responsible for your own medical bills in many cases. Pennsylvania Personal Injury Protection (PIP) can be used to cover your medical expenses. However, if your injury was serious, it probably won’t cover all the costs, so other methods to recover your damages may be necessary.
Third-Party Insurance Is an Option to Recover Your Medical Expenses
If it can be shown that a drunk driver was the cause of your accident, their insurance can be used to cover your expenses. Again, if they have minimum insurance coverage under PIP, it will only pay $5,000 in medical costs, $15,000 for bodily injury for each person or $30,000 total and another $5,000 for property damage.
Another problem is that your own insurance and that of other passengers in the vehicle kicks in before the third party’s. If you happen to be the only person in your vehicle who was injured, the drunk driver would not be paying for your expenses until they reached an amount over your own coverage.
Proving Drunk Driving Caused You Accident Injuries
It is your responsibility to prove that the impaired driver was at fault. Although being intoxicated might have contributed to the accident, it does not prove its causation by itself. Evidence must exist that the driver caused the accident.
If, for example, a drunk driver hit your vehicle because he failed to yield the right of way, you must prove that the right of way was yours. Traffic surveillance cameras can provide that proof because they would have recorded the accident as it happened and shown that you had a green light, while the drunk driver’s was red.
In addition, the lawyer can obtain the police report, interview witnesses and employ other investigative techniques. By investigating the collision, your car accident lawyer can gather the evidence needed to support your compensation claim. The lawyer can also calculate your damages, including medical bills, loss of income and your pain and suffering to get you the maximum amount in compensation.
Liens and Subrogation Claims
Outstanding medical bills that you owe due to your injury must be taken care of before you can receive the remainder. In addition, the insurance company probably has a subrogation claim, where it can be reimbursed for the money it paid out caused by your accident injuries. However, your accident lawyer can negotiate with the medical providers and insurance company for you to settle those accounts while increasing the amount you receive.
For a Free Review of Your Case, Contact The Travis Law Firm
Because a DUI accident can be complex, you can benefit from the experience of a lawyer who handles personal injury claims to obtain the compensation you deserve. Call The Travis Law Firm at (800) 401-2066 today. We can schedule a free, no-obligation consultation to answer your questions, review your case and let you know what options are open to recover damages. You can contact us online also.