Drunk drivers can cause devastating crashes. Drunk driving car accidents in Erlanger can leave you with pain, ongoing medical issues, and substantial expenses. Filing a lawsuit allows you to hold the drunk driver financially accountable in addition to any criminal consequences they might face. Compensation from the lawsuit can also cover your medical bills and other expenses. An experienced car accident attorney is an invaluable part of your support system during this time. Our attorneys will represent you to ensure you get the best possible outcome.
Can You Sue a Drunk Driver After an Accident in Erlanger?
Kentucky Revised Statutes 189A.010 prohibits driving with a blood alcohol concentration of .08 or higher, or .02 or higher for drivers younger than 21. Violating this law leads to criminal penalties, including jail time, fines, and required community service. If you were injured in Erlanger in a crash that a drunk driver caused, you can also file a civil lawsuit. This is a separate legal process that allows you to seek financial compensation for your injuries, property damage, and emotional suffering. If the other driver is convicted of driving under the influence of alcohol in a criminal case, this can help your lawsuit by proving that the drunk driver was negligent and therefore responsible for the crash.
What Compensation Could You Receive in a Drunk Driving Crash Lawsuit?
In most car crash lawsuits, you can expect to receive economic and non-economic damages. Economic damages are designed to compensate you for your specific financial losses. These include medical bills, lost wages, car repair or replacement, and ongoing healthcare services like physical therapy. If the crash caused a permanent disability that prevents you from working, you can be awarded lost future earnings as well. Non-economic compensation is for emotional or non-monetary losses like pain and suffering, emotional distress, and loss of enjoyment of life.
In a drunk driving case in Erlanger, receiving punitive damages may also be possible. Punitive damages are intended to punish the drunk driver and deter future drunk driving rather than to compensate you. They would be awarded based on the offender’s behavior and intentions instead of your losses. Kentucky Revised Statutes 411.184 only allows for punitive damages to be awarded when the person responsible acted either fraudulently or with the intent to harm someone else. This means punitive damages are rarely awarded in car crash lawsuits. However, a court might consider them in a drunk driving case, especially if the driver was a repeat offender or there were aggravating factors leading up to the crash. These can include excessive speeding, driving in the wrong direction, and driving with a child in the vehicle.
Discuss Your Drunk Driving Accident Injury Case With an Attorney in Erlanger Now
Drunk driving accidents in Erlanger often cause life-changing injuries. In addition to the physical pain you are experiencing, drunk driving crashes can be especially emotionally difficult because of the driver’s reckless behavior. A lawsuit allows you to hold the drunk driver accountable while easing your financial concerns. Busald Funk Zevely has the decades of experience we need to get you a great result in your drunk driving lawsuit. Contact us to discuss your case today.