DUI Crash in Delaware: Understanding Your Rights to Compensation as a Victim

Driving under the influence (DUI) is a serious offense with potentially devastating consequences. In Delaware, if you’ve been injured in a crash caused by a drunk driver, you have rights and may be entitled to compensation. According to the Delaware State Police, hundreds of crashes each year involve impaired drivers, leading to countless injuries and fatalities. Understanding your rights is the first step toward recovering and rebuilding your life.

Establishing Liability in a Delaware DUI Crash

In Delaware, proving liability in a DUI crash involves demonstrating that the other driver was intoxicated and that their intoxication directly caused the accident and your injuries. Here’s what that entails:

Evidence of Intoxication: This often comes from the police report, which may include details of the driver’s field sobriety test, breathalyzer results, or blood alcohol content (BAC). Delaware law considers a BAC of 0.08% or higher as evidence of intoxication.
Causation: You must prove that the driver’s intoxication was a direct cause of the crash. For example, if the driver ran a red light because they were impaired, and that caused the collision, causation is established.
Negligence Per Se: Delaware follows the “negligence per se” doctrine. This means that if a driver violates a law (like driving under the influence) and that violation results in injury, the driver is automatically considered negligent.

Types of Compensation Available to DUI Crash Victims

If you’ve been injured by a drunk driver in Delaware, you may be entitled to various types of compensation, including:

Medical Expenses: This covers all medical bills related to your injuries, including hospital stays, surgeries, physical therapy, medication, and ongoing care.
Lost Wages: You can recover lost income if your injuries prevent you from working. This includes both past and future lost earnings.
Property Damage: Compensation for the repair or replacement of your vehicle or other damaged property.
Pain and Suffering: This compensates you for the physical pain, emotional distress, and mental anguish caused by the accident.
Punitive Damages: In some cases, you may be awarded punitive damages, which are intended to punish the drunk driver for their reckless behavior and deter others from driving under the influence.

Delaware’s Statute of Limitations for DUI Crash Claims

It’s crucial to be aware of Delaware’s statute of limitations, which sets a deadline for filing a personal injury lawsuit. In Delaware, you generally have two years from the date of the accident to file a lawsuit seeking compensation for your injuries. Failing to file within this timeframe could bar you from recovering any damages.

The Role of Insurance Companies

Dealing with insurance companies after a DUI crash can be complex. The at-fault driver’s insurance company will likely contact you, but remember that their goal is to minimize their payout. It’s essential to protect your rights by:

Not giving a recorded statement: You are not obligated to provide a recorded statement to the insurance company.
Consulting with an attorney: An attorney can handle communications with the insurance company on your behalf and ensure your rights are protected.
Documenting everything: Keep detailed records of your medical treatment, lost wages, and other expenses related to the accident.

Understanding Delaware’s Dram Shop Law

Delaware has a “dram shop law,” which may hold establishments that serve alcohol liable for damages caused by intoxicated patrons. If a bar or restaurant knowingly served alcohol to a visibly intoxicated person who then caused a DUI crash, the establishment could be held responsible for your injuries.

The Importance of Legal Representation

Navigating the legal complexities of a DUI crash claim can be overwhelming. An experienced Delaware personal injury attorney can:

Investigate the accident: Gather evidence to support your claim, including police reports, witness statements, and expert testimony.
Negotiate with insurance companies: Handle all communications with the insurance company and fight for a fair settlement.
File a lawsuit: If a fair settlement cannot be reached, your attorney can file a lawsuit and represent you in court.
Maximize your compensation: An attorney can help you recover the full amount of compensation you deserve for your injuries and losses.

What to Do Immediately After a DUI Crash

If you’ve been involved in a DUI crash, here are some steps you should take:

Call 911: Report the accident to the police and request medical assistance if needed.
Gather Information: Exchange information with the other driver, including their name, insurance information, and driver’s license number. If possible, take photos of the accident scene and any visible injuries.
Seek Medical Attention: Even if you don’t feel injured, it’s essential to seek medical attention as some injuries may not be immediately apparent.
Contact an Attorney: Consult with a Delaware personal injury attorney to discuss your rights and options.

Seeking Justice and Compensation

Being the victim of a DUI crash can have long-lasting physical, emotional, and financial consequences. Understanding your rights and seeking legal representation is crucial to obtaining the compensation you deserve and holding the responsible parties accountable. If you or a loved one has been injured in a DUI crash in Delaware, don’t hesitate to contact a qualified attorney to discuss your case.