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Maryland Car Accident Attorney's Guide to Drunk Driving Claims: Compensation, Strategies & Legal Advice

Navigating Drunk Driving Car Accident Claims in Maryland: A Comprehensive Guide

Drunk driving accidents are a serious problem in Maryland, causing significant injuries and even fatalities. If you've been injured by a drunk driver in Maryland, you have the right to seek compensation for your losses. This guide provides a comprehensive overview of Maryland drunk driving accident claims, covering essential aspects from understanding your rights to pursuing legal strategies.

Understanding Maryland Drunk Driving Laws

Maryland has strict laws against driving under the influence (DUI) and driving while impaired (DWI). Understanding these laws is crucial when pursuing a claim against a drunk driver.

  • ⚖️ DUI (Driving Under the Influence): This charge applies when a driver's blood alcohol concentration (BAC) is 0.08% or higher.
  • ⚠️ DWI (Driving While Impaired): This charge applies when a driver's BAC is between 0.05% and 0.07%, or if their driving ability is impaired due to alcohol or drugs, even if their BAC is below 0.08%.
  • 🕒 Implied Consent Law: Maryland's implied consent law states that by driving on Maryland roads, you've implicitly agreed to submit to a blood alcohol test if lawfully arrested for DUI/DWI. Refusal to take the test can result in license suspension, even if you're not convicted of DUI/DWI.

Establishing Negligence in a Maryland Drunk Driving Accident

To successfully pursue a claim against a drunk driver in Maryland, you must prove negligence. Negligence means that the driver failed to exercise reasonable care, which resulted in your injuries. In drunk driving cases, negligence is often easier to establish because driving under the influence is inherently negligent.

Elements of Negligence:

  • ⚠️ Duty of Care: Every driver has a duty to operate their vehicle safely and obey traffic laws.
  • ❌ Breach of Duty: Driving under the influence is a clear breach of this duty.
  • 🤕 Causation: You must prove that the drunk driver's negligence directly caused your injuries and damages.
  • 💰 Damages: You must demonstrate that you suffered actual damages, such as medical expenses, lost wages, and pain and suffering.

Potential Compensation in a Maryland Drunk Driving Claim

If you've been injured by a drunk driver in Maryland, you may be entitled to various forms of compensation. The amount of compensation you can recover will depend on the severity of your injuries, the extent of your damages, and the available insurance coverage.

Types of Compensation:

  • 🚑 Medical Expenses: This includes all medical bills related to your injuries, such as hospital stays, doctor visits, physical therapy, and prescription medications. Future medical expenses can also be claimed.
  • 💸 Lost Wages: You can recover lost income if your injuries prevent you from working. This includes past and future lost wages.
  • 🤕 Pain and Suffering: This compensates you for the physical pain and emotional distress you've experienced due to your injuries.
  • 🛠️ Property Damage: You can recover the cost of repairing or replacing your damaged vehicle.
  • 😥 Loss of Consortium: A spouse may be able to claim compensation for the loss of companionship, affection, and sexual relations due to the injury to their partner.
  • punitive Punitive Damages: In Maryland, punitive damages may be awarded in drunk driving cases if the driver's conduct was particularly egregious or malicious. These damages are intended to punish the drunk driver and deter similar behavior in the future. Punitive damages are not always awarded and require a higher standard of proof.

Strategies for Pursuing a Drunk Driving Claim in Maryland

Pursuing a drunk driving claim in Maryland can be complex. Here are some strategies to help you navigate the process:

  1. Gather Evidence: Collect all evidence related to the accident, including police reports, medical records, witness statements, and photos of the scene and your injuries.
  2. Report the Accident: Ensure the accident is reported to the police. The police report will contain crucial information about the accident and the driver's condition.
  3. Seek Medical Attention: Get immediate medical attention, even if you don't think you're seriously injured. Some injuries may not be immediately apparent.
  4. Consult with an Attorney: An experienced Maryland car accident attorney can evaluate your case, advise you on your legal options, and represent you in negotiations with the insurance company or in court.
  5. File a Claim: File a claim with the drunk driver's insurance company. Your attorney can help you prepare and submit a strong claim that accurately reflects your damages.
  6. Negotiate with the Insurance Company: The insurance company may try to lowball your settlement offer. Your attorney can negotiate on your behalf to ensure you receive fair compensation.
  7. File a Lawsuit: If the insurance company refuses to offer a fair settlement, your attorney can file a lawsuit to protect your rights.

The Importance of Maryland's Dram Shop Laws

Maryland has "dram shop" laws, which may hold establishments that serve alcohol liable for damages caused by a drunk driver if they served alcohol to a visibly intoxicated person who then caused an accident. This is particularly relevant in drunk driving cases.

Key Considerations for Dram Shop Claims:

  • 🏢 Establishment Liability: If a bar, restaurant, or other establishment served alcohol to someone who was visibly intoxicated and that person then caused a drunk driving accident, the establishment may be liable for damages.
  • 🔎 Evidence Gathering: Establishing a dram shop claim requires gathering evidence that the establishment served alcohol to a visibly intoxicated person. This may include witness testimony, surveillance footage, and credit card receipts.
  • 📅 Time Limits: Dram shop claims are subject to the same statute of limitations as other personal injury claims in Maryland (three years from the date of the accident).

Uninsured/Underinsured Motorist Coverage in Maryland Drunk Driving Cases

Even if the drunk driver has insurance, the policy limits may not be sufficient to cover all of your damages. In this case, you may be able to pursue a claim under your own uninsured/underinsured motorist (UM/UIM) coverage.

Key Aspects of UM/UIM Coverage:

  • 🛡️ Uninsured Motorist (UM) Coverage: This coverage protects you if you're injured by an uninsured driver.
  • 🛡️ Underinsured Motorist (UIM) Coverage: This coverage protects you if you're injured by a driver who has insurance, but their policy limits are insufficient to cover your damages.
  • 📑 Policy Provisions: UM/UIM coverage is subject to the terms and conditions of your insurance policy. It's essential to review your policy carefully and understand your rights.
  • ⚠️ Notice Requirements: You must provide your insurance company with timely notice of a UM/UIM claim. Failure to do so may result in denial of coverage.

The Role of Criminal Charges in a Civil Drunk Driving Case

The criminal charges against the drunk driver are separate from your civil claim for damages. However, the outcome of the criminal case can impact your civil case.

Impact of Criminal Charges:

  • ✅ Conviction: If the drunk driver is convicted of DUI/DWI, this can be used as evidence of negligence in your civil case.
  • ⛔ Acquittal: If the drunk driver is acquitted of DUI/DWI, it doesn't necessarily mean you can't win your civil case. The standard of proof is lower in civil cases than in criminal cases.
  • 🕒 Timing: It's often advisable to wait until the criminal case is resolved before pursuing your civil claim. This can give you a better understanding of the evidence and the potential outcome of your case.

Statute of Limitations in Maryland Drunk Driving Cases

⏳ In Maryland, the statute of limitations for personal injury cases, including drunk driving accident claims, is three years from the date of the accident. This means that you must file a lawsuit within three years of the accident, or you'll lose your right to sue.

Exceptions to the Statute of Limitations:

  • 🧒 Minors: If the injured party is a minor, the statute of limitations may be tolled (paused) until they reach the age of 18.
  • 🧠 Mental Incapacity: If the injured party is mentally incapacitated, the statute of limitations may be tolled until they regain capacity.

Choosing the Right Maryland Car Accident Attorney

Choosing the right attorney is crucial to the success of your drunk driving claim. Look for an attorney who has experience handling drunk driving cases in Maryland and who is knowledgeable about Maryland law.

Qualities to Look For in an Attorney:

  • ✅ Experience: Choose an attorney who has a proven track record of success in drunk driving cases.
  • ✅ Knowledge: Make sure the attorney is knowledgeable about Maryland law and the specific legal issues that arise in drunk driving cases.
  • ✅ Communication: Choose an attorney who is a good communicator and who will keep you informed about the progress of your case.
  • ✅ Resources: Make sure the attorney has the resources to investigate your case thoroughly and to hire expert witnesses if necessary.

Practical Advice for Victims of Drunk Driving Accidents

  • 📷 Document Everything: Take pictures of the accident scene, your injuries, and any property damage.
  • 📝 Keep Records: Keep detailed records of all medical expenses, lost wages, and other damages.
  • 🤫 Avoid Social Media: Refrain from posting about the accident on social media, as this could be used against you in your case.
  • 🗣️ Be Careful What You Say: Avoid making statements to the insurance company or anyone else about the accident without first consulting with an attorney.

Disclaimer: This article is for informational purposes only. You should consult with an attorney to discuss your specific situation.

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