Proving Liability When You’re Hit by a Drunk Driver

On April 15, at 6:45 p.m., Action News Now published a news report of a deadly 3-car crash in Chico.

According to the investigators, one suspect, a woman, was taken into custody. It was said that the accused woman was yet another DUI perpetrator. 3 victims were transported to a hospital where one 64-year old man couldn’t survive the injuries and died. In light of the accident, a road—East Avenue—in Chico has been closed.
How many times have you come across newspaper headlines that read:
“Man/Woman arrested for drunken driving hit-and-run case in Chico”
True, criminal investigations are a legitimate course of action to take. But as a first-hand victim who has been hit by a drunk driver, you can pursue many legal options.
Here’s a quick guide to what you can do.

Insurance Claims Are The Best Bet

You have the full right to push legal charges against the –perpetrator but there are other options that you would like to consider, first. You can negotiate a settlement with the driver’s insurance provider.
As per the State Law, every driver is obliged to carry a minimum amount of car insurance. As a matter of fact, you can also file a third party lawsuit against the driver’s insurance carrier.
You can legally demand a full reimbursement for the injuries you sustained and any property damage that may have resulted. Don’t underestimate the settlement figures because they can be astoundingly high. 

DUI Conviction

Being hit by a driver is one thing, but being hit by a drunk driver is quite another. If there are chances of a DUI conviction, you’re already close to winning the case.
If the driver is convicted of driving under the influence of an intoxicant, the insurance companies will bend backwards to avoid a lawsuit. Know that they have a lot more at stake than you can possible imagine!
Insurance companies know that if push comes to shove and they’re taken to trial, the ruling will be in favor of the plaintiff who was hit. So an injury settlement, no matter how large, will be a favor on them and a fortune for you!

No Fault State Laws

If you’re a resident of Chicago, you don’t have to worry about No-Fault laws that basically state that in case of an accident, the victim’s own insurance must cover the losses.
It suggests that since neither party can be blamed for the accident, it’s a no fault case. In that case you have to turn to your personal injury protection (PIP) insurance to compensate for the medical bills.
Only if the sustained injuries meet the state’s threshold of serious complications, can you actually file or win a lawsuit. But Chicago follows the fault system so victims have greater chances of seeking justice.

What to do first
In case you’ve been in such an accident, it’s best to approach a lawyer first! You might not be able to comprehend complications of liability properly, but they definitely can.
If you’re looking for a law specialist in Chico, CA, contact Marquez Law Offices right away. Among other things, they specialize in traffic accident cases and can definitely devise a good plan for you!

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