This requirement means that the lawyer handling the victim’s personal injury claim need only turn to the police report to prove that the negligent driver was driving under the influence of alcohol. However, a skilled lawyer knows that this is just the starting point. There is good reason to look beyond the police report when building a DUI accident claim.
Ultimately, the goal is to help the drunk driving accident victim get as much compensation as possible. DUI crash cases afford victims the opportunity to not only pursue the typical damages associated with a personal injury claim, they also allow the victim to pursue punitive damages. These are damages that the drunk driver must pay to the victim as a form of punishment for breaking the law.
At Leonard B. Gabbay, P.C., we investigate these car accident claims carefully, knowing that there may be additional avenues for compensation. While the target of the claim in these cases is typically the drunk driver, the unfortunate reality is that the drunk driver’s insurance policy limits may not be sufficient to fully compensate for a catastrophic injury. That is why we must look beyond the police report in these cases.
Our investigation may reveal opportunities to file a dram shop claim against the establishment that provided alcohol to the drunk driver. In limited circumstances, we may even be able to file a claim against an individual homeowner who provided drinks, particularly if the drunk driver was also underage. We take great care to dig deep in these cases in order to pursue every avenue of compensation.