Recent data from the National Highway Traffic Safety Authority (NHTSA) reveals that 28 people in the US die every day because of drunk driving accidents. Accidents linked to drunk driving result in life-changing injuries that are hard to cope with. Many survivors of DUI accidents experience traumatic brain injuries, burns, spinal cord injuries, and broken bones. Performing simple tasks like preparing meals or walking becomes complicated. Some require special medical care to manage pain. With that said, everyone should drive responsibly on roadways. Even newly-qualified teen drivers should learn how to drive better to reduce drunk driving accidents.
In most cases, victims of car collisions caused by drug or drunk driving take legal actions against drivers responsible for their pain and trauma. While survivors of a DUI crash are entitled to compensation, the legal procedure can be daunting. To get the best results, one must know their rights. Keep reading to understand the legal rights of victims of DUI accidents.
The Right To Information
The right to notice and information is a basic privilege given to crime victims, including anyone hit by a drunk driver. This means if you’re a DUI accident victim, expect the prosecutor’s office or law enforcement officers in your region to send notifications automatically. However, you can request information from the prosecutor’s office via text or email, and you can also fill out a form or call a hotline number. There is a lot of information DUI collision victims are entitled to, including notice of criminal proceedings and notice regarding the release of the liable party from prison.
Other notifications plaintiffs in drunk or drugged driving accident cases receive are dismissal of charges against the at-fault driver, a plea agreement, and the defendant’s arrest. Typically, law enforcement officials send notifications to ensure victims of traffic accidents caused by drunk drivers are aware of when criminal proceedings take place. That way, crime victims can access other privileges like the right to be present and heard during the trial. Another reason law enforcement authorities issue notifications is to enhance the victim’s safety. Many states require DUI crash survivors to be informed when the defendant is released from prison on bail, parole or if they escape.
Right To Attend Court Proceedings
Crime victim laws give survivors of drunk driving accidents the right to attend trial proceedings. In some regions, victims of drunk driving offenses that result in injuries may be present in plea hearings or evidentiary hearings held during the prosecution process. But there are some exceptions to the victims’ right to be present in court. For example, if you’re a victim of a DUI case and decide to testify in a trial, you’ll be classified as a witness.
In some states, witnesses get out of the courtroom when other witnesses are testifying. This rule was implemented out of increasing concern that the testimony of one individual can influence others to share similar information. Other regions permit victim-witness to stay in the courtroom throughout the session unless the defendant convinces the judge that your presence as a victim will influence the trial outcomes.
A Right To Be Heard In Court
In addition to being present in court, DUI accident victims have a right to be heard. This means, you can share details of the car accident and the aftermath without being intimidated or harassed in the courtroom. A victim’s statement can be a written or oral statement that gives you an opportunity to tell the judge how the car crash caused by the defendant who was under the influence of alcohol or drug at the time affected your life. You can use this privilege during critical stages of a personal injury case like the presentation of plea cases, evidentiary hearings, or pretrial proceedings. However, before walking into a courtroom to make a statement, you need to ask for permission.
Entitled To Compensation
If you were injured or lost a loved one in a drunk driving accident, you can get some relief knowing the person responsible might face serious criminal charges. Unfortunately, penalties alone cannot ease the pain, trauma, and financial problems you might experience following a drunk driving collision. The good news is that victims in DUI incidents have legal options that allow them to file for compensation.
It’s worth noting that you’re eligible for three types of compensation for damages in drunk driving accidents. This includes economic damages, punitive damages, and non-economic damages. Typically, economic damages range from medical treatment expenses to the cost of vehicle repair and lost income, while punitive damages are designed to punish the driver at fault for reckless driving. On the other hand, non-economic damages include emotional distress, pain, and trauma. But receiving fair compensation for your injuries isn’t as straightforward as it sounds. The criminal justice process for DUI cases is complicated. To ensure you win a fair settlement, you must seek the services of a drunk driving lawyer. These attorneys understand the legal process of DUI auto accident cases and use their negotiation skills to ensure insurance companies give the right amount for compensation. Experienced drunk driving attorneys also help you gather enough evidence to identify the liable party and represent you in court.
Right To Fairness
Like other crime victims, survivors of DUI car accidents have a right to fair treatment. It’s important to understand that driving under the influence of alcohol or drugs is considered a criminal offense in many states. Legally, anyone hit by a drunk driver is a crime victim and they are entitled to be treated with respect and dignity throughout the criminal trial process. Ideally, if you’re a victim of a vehicle collision and the driver at fault was intoxicated with drugs or alcohol, you shouldn’t be intimidated, abused, or harassed during and after the trial of the at fault driver.
Drunk driving is common and often results in serious auto accidents that leave survivors seriously injured and in need of special medical care. Like any other auto accident, victims in drunk driving collisions are entitled to fairness, compensation, and other legal rights. These privileges include the right to be present in court for criminal trial processes, including evidentiary and plea hearings, the right to be heard, and the right to notice and information.
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