Drunk driving is a serious public safety issue across the country. The National Highway Traffic Safety Administration has found that alcohol-impaired fatalities account for one-third of all car wreck deaths nationally. Too often, drivers ignore the laws against impaired driving, putting others at risk and sometimes causing permanent harm.
At the Law Offices of Doroshow, Pasquale, Krawitz, & Bhaya, our lawyers know how to help victims of drunk driving car accidents in Dover pursue justice. We work hard to ensure that impaired drivers face the full consequences allowed by law. Learn more about how a car accident attorney at our firm can help.
Paying Medical Bills After a Drunk Driving Crash
Delaware state law mandates all drivers carry a minimum of $15,000 in Personal Injury Protection (PIP) coverage per person, which includes medical expenses and lost wages for a period of two years following a vehicle collision. If your medical expenses and lost wages exceed your PIP limits, you can pursue compensation from other sources.
For example, you might file a personal injury lawsuit in Dover against the drunk driver who caused the crash. This can help you recover compensation for remaining expenses not covered by your PIP, as well as non-economic damages for things such as pain and suffering. However, this requires proving their liability for the wreck, so it is important to work with a skilled lawyer who can handle your case.
What if the Drunk Driver Does Not Have Adequate Insurance Coverage?
If the Dover drunk driver does not have sufficient insurance coverage, you can use your underinsured motorist (UIM) coverage to pay for the expenses related to your injuries and losses sustained in the wreck. According to state law, insurance companies must make a meaningful offer of UIM coverage, and many drivers have this protection in place. If you do not have UIM coverage, your PIP policy applies to your medical bills. Under federal law, you can continue to pursue compensation even if the drunk driver files for bankruptcy.
Damages and Finding Fault
As long as you are not more than 50% responsible for the crash, you can still recover compensation for your injuries. The state follows a modified comparative negligence system, as detailed in Delaware Code Title 10 § 8132. Your percentage of responsibility will proportionally reduce the total compensation you receive. A Dover lawyer experienced with drunk driving car crashes can help challenge any attempts by the insurance company to overstate your level of fault and minimize your compensation. We know how to demonstrate the accurate percentage of responsibility in a shared-fault collision.
What to Do if You Lost a Loved One in a Drunk Driving Wreck
In Dover and across the state, you can file a wrongful death claim against an intoxicated driver responsible for the traffic collision that killed a family member. You could demand compensation for damages, including:
- Lost income
- Funeral expenses
- Loss of the deceased’s companionship
- Pain and suffering caused before death
Under state law, you can file two types of claims after a fatal crash. The first is a survival action, which allows the deceased’s estate to make a claim for the pain and suffering the person experienced before death. The second is the wrongful death claim itself, which compensates the family for their own losses.
Contact a Dover Attorney About a Drunk Driving Crash Today
At the Law Offices of Doroshow, Pasquale, Krawitz, & Bhaya, we pride ourselves on offering caring and dedicated service. Drunk driving car accidents in Dover can cause serious harm to individuals, families, and communities, so if you or a loved one has been injured in a crash of this kind, our team is here to help. Contact us to schedule a free legal consultation today.