Can I Sue a Drunk Driver Who Hit Me in Maryland?

Being involved in a car accident is stressful under any circumstances. But when you learn that the driver who hit you was intoxicated, the situation becomes even more serious. Drunk driving accidents often lead to severe injuries, extensive property damage, and long-term emotional trauma.

If you are injured by an impaired driver in Maryland, you can sue the at-fault driver. Under negligence per se laws, proving that a drunk driver is liable for your injuries may be far simpler compared to typical car accident cases. Our Silver Spring car accident attorneys will fight to get you maximum compensation for your losses after a Maryland drunk driving crash.

At DuBoff & Associates, we are fierce advocates for clients who have been hurt in all types of accidents, including car accidents, motorcycle accidents, bicycle accidents, and pedestrian accidents. We will fight to get you the money that you deserve for your injuries and will never charge a fee unless we recover money for you. Contact our law firm today to talk to a Maryland personal injury lawyer about your drunk driving accident claim.

Can I File a Lawsuit for a Drunk Driving Accident?

Drunk driving (DUI) is not only a criminal offense in Maryland. If a drunk driver causes a motor vehicle accident, they can also be held liable in a civil lawsuit.

When a drunk driver causes an accident, they can face criminal charges brought by the state in addition to civil liability for the harm that they caused. These are two separate legal processes.

Even if a driver is arrested or convicted of a DUI offense, you won’t automatically get compensation for your injuries. To recover damages (money), you must pursue a personal injury claim against the at-fault driver.

In a civil case, the focus is on financial compensation rather than punishment. However, the fact that a driver was under the influence of drugs and/or alcohol can significantly strengthen your case.

In Maryland, the injured victim (plaintiff) generally has the burden of proving that the at-fault party (defendant) caused their losses. Typically, these cases are brought under a theory of negligence (carelessness). In drunk driving cases, proving negligence is often easier because of Maryland’s negligence per se rules.

Negligence per se is a legal standard that allows a plaintiff to establish negligence by proving that the defendant violated a law or regulation. The burden then shifts to the defendant to prove that they were not negligent. To show negligence per se, a plaintiff must demonstrate:

1. The defendant violated a law or regulation that was intended to prevent harm to others.
2. The plaintiff belongs to the class of people that the law was intended to protect and suffered the type of harm that the law was designed to prevent.
3. The legal violation was the direct cause of the plaintiff’s injuries.

DUI laws are a classic example of laws that were intended to protect public safety.  If someone violates Maryland’s DUI laws and causes harm as a result, the fact of the DUI itself can establish negligence. It would then be up to the defendant to prove that their actions were not negligent.

In drunk driving cases, there is often a lot of evidence to prove fault. This may include police reports documenting the defendant’s intoxication, breathalyzer or blood test results, the results of field sobriety tests, witness statements, and video footage.

An arrest or conviction can also be strong evidence that the defendant violated Maryland’s drunk driving laws. However, it is important to note that you can still pursue a personal injury lawsuit even if the defendant has not yet gone to trial or been convicted. A civil case is separate from any criminal consequences that the defendant might face.

What Damages Can I Recover for a Maryland Drunk Driving Accident?

If you can prove that the drunk driver caused your accident, then you may be able to recover money from them. This may include money for both your direct and indirect losses (economic and non-economic damages). In rare cases, you may also be able to recover punitive damages.

Economic damages pay for your financial losses. This may include money for your medical bills, future medical expenses, lost wages, reduced earning capacity, and property damage. These losses are usually readily documented through invoices, estimates, bills, and paystubs.

Non-economic damages pay for your intangible losses, such as pain and suffering, emotional distress, loss of enjoyment of life, scarring, and disfigurement. These damages can be harder to prove, as you won’t get a bill in the mail for your emotional trauma. However, a skilled Maryland car accident attorney will use their experience and work with experts to establish a claim for your non-economic losses.

In some cases, you may also be able to recover punitive damages. This category of damages is a bit different because instead of compensating a victim, the goal is to punish a wrongdoer. Punitive damages are not awarded in typical negligence cases.

In Maryland, there is an extremely high bar to get punitive damages. The plaintiff must prove by clear and convincing evidence that the defendant acted with actual malice. This means showing that the defendant acted with evil intent, ill will, or a deliberate intent to harm.

In many states, punitive damages are often awarded in drunk driving cases. However, it is extremely difficult to get punitive damages for a drunk driving accident in Maryland, given the requirement that the plaintiff show “actual malice.” Your Silver Spring car accident attorney can help you understand your rights and the potential for recovering punitive damages in your case.

Help for Victims of Drunk Driving Accidents

If you are hurt by a drunk driver, you might be scared, upset, and just plain overwhelmed. You might also be wondering what your legal rights and options are when it comes to pursuing a legal claim. Our law firm can help you get the money that you deserve for your injuries.

DuBoff & Associates represent clients who have been hurt in drunk and drugged driving accidents in the DMV area. We handle all cases on a contingency fee basis, which means that you’ll never pay a fee unless we recover money for you. To learn more or to schedule a free initial consultation with a Maryland car accident lawyer, give us a call at 866-210-6821 or fill out our online contact form.