Should I File a Lawsuit After a Drunk Driving Accident?

drinking while driving

It is unfortunate that, even at a time when ride-sharing services are easily accessible in the state of Maryland, many individuals still make the poor choice to operate a motor vehicle while intoxicated. Follow along to find out why drunk driving accidents commonly occur and how one of the proficient Howard County drunk driving accident attorneys at Lloyd J. Eisenberg & Associates can help you hold the drunk driver accountable.

Should I file a lawsuit after being a victim of a drunk driving accident?

If you were involved in an auto accident due to no fault of your own, but rather through the negligence of a drunk driver, then you must absolutely consider filing a personal injury lawsuit. What’s more, you may be qualified to seek legal action against the other driver’s insurance policy. This is because Maryland law holds that insurance carriers must not deny claims if their client decided to drive while intoxicated.

With this, you must collect a sufficient amount of evidence to prove that the other driver was intoxicated at the time of the collision. For one, you must immediately call law enforcement to the scene of your accident. An officer will require the other driver to submit to a breath test and other field sobriety tests. These tests, in addition to an admission of guilt and other proof collected by an officer, may help you fulfill your burden of proof.

And if the officer finds that the other driver’s blood-alcohol content level is above the legal limit of 0.08 percent, they will likely arrest them. This may leave the other driver with two legal cases placed against them, namely your personal injury claim in addition to a criminal case. Notably, you may be entitled to a restitution award if the other driver is found guilty of driving while intoxicated in criminal court. Though, complexities may arise with both your personal injury case and the criminal case proceedings going on at the same time. This is when an experienced Howard County attorney may step in to eliminate any roadblocks or delays.

When should I file a lawsuit?

While you may be taking some time to rest and heal from your injuries, you must remember that you are on a time crunch for filing your lawsuit. Whether it be a personal injury claim or a third-party claim, the statute of limitations in the state of Maryland is generally three years. Meaning, you may only have three years from the date of your auto accident to recover financial compensation and attain justice over the drunk driver.

It should go without saying that you must consult with one of the talented Howard County auto accident attorneys immediately. Give us a call whenever you can.

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