Decatur, AL, Drunk Driving Accident Lawyers

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Each year innocent people, including children, the elderly, and pedestrians, are injured and killed in senseless accidents with drunk drivers. Every day, 28 people in the U.S. are killed in motor vehicle accidents where alcohol is involved. (every 53 minutes) Drunk driving is the number one cause of motor vehicle deaths. Our drunk-driving auto accident lawyers represent injury victims and the families of individuals killed in drunk-driving accidents. We have successfully represented hundreds of victims and families in civil claims for damages against drunk drivers. If you or a loved one has been injured by a drunk driver, the Huntsville DUI accident attorneys at Ferguson & Ferguson can help. Call 256-534-3435.

What to do After a Drunk Driving Accident in Alabama

If you have been involved in an Alabama car accident caused by a drunk driver, there are 10 critical steps you should take to ensure you protect your rights.

1. Stop and Remain at the Scene

After your vehicle comes to a stop, remain calm and determine if anyone is injured. If so, determine if they need medical attention. If possible, get your car out of traffic. If possible, take a picture before moving it. Call 911 and do not leave the scene. Assist any other drivers and passengers involved in the accident.

2. Take Photographs of Scene, Injuries, and Witnesses

Photos can identify witnesses and establish conditions at the time of the crash, including:

• Weather
• Layout of the intersection or roadway
• Signs or traffic control devices
• Obstructions that affect visibility
• Witnesses and their vehicles
• Conditions and conversations of other parties and witnesses
• Construction activities that may have contributed to the crash
• Officers and emergency personnel on the scene
• Your injuries

3. Do Not Make Any Statements of Apology or Admissions of Fault at the Scene.

Do not make any admissions of fault to anyone at the scene, to insurance adjusters, or to anyone else in your case. Always talk to an attorney before you give a recorded statement to anyone.

4. Identify and Obtain Information About Driver and Witnesses

Do not rely on the police to get the names and phone numbers of witnesses. Witnesses will often leave before the police arrive. Get names, phone numbers, and addresses if possible. You can also take a picture of the car and the tag of the witness. Try to obtain the following:

• Full name and complete home address
• Date of birth
• Home, work, and cell phone numbers
• Name and address of employer
• Driver’s license number and date/location of issuance
• Description of the vehicle, including year, make, model, and color
• Vehicle license tag number and state
• Vehicle identification number
• Name of auto insurer and policy number, and
• Name, address, and telephone number of insurance agent

5. Determine At-Fault Driver Was Working at the Time of the Crash

In Alabama, an employer is vicariously liable for any injuries or deaths caused by the negligent driving of its employees. This is called respondeat superior liability.

6. Get Medical Treatment

Once you have left the scene of the accident, form a plan for your medical care. You should still see a doctor even if you choose not to leave the scene in an ambulance. You should keep a diary of all hospital and doctor appointments. Keep copies of all bills, records, and wage loss documents. You should also keep receipts for prescription drugs, orthopedic devices, and medical supplies.

7. Keep in Touch with Prosecution of Defendant

Make sure to attend all court hearings so that the defendant does not get found innocent. A conviction helps your case. Insurance companies do not like to deal with drunk driving cases and will pay more money to accident victims to avoid court.

8. Finish all Treatment

Make sure to follow all physician-recommended treatments. Nothing looks worse than missing therapy and doctor’s appointments in your case.

9. Record any Evidence that the At-Fault Driver was intoxicated.

At the scene, look for signs that the at-fault driver is intoxicated. Look in the at-fault driver’s car for alcohol containers. Take note of bloodshot eyes, slurred speech, unusual behavior, and difficulty standing or stumbling while walking.

10. Hire an Attorney

Never try to handle a drunk driving accident case on your own. An attorney can always recover more money for you in a drunk driving case.

Signs of Drunk Driving

Law enforcement officers look for erratic walking and driving behaviors to spot drunk drivers in Alabama, including

• Swerving in and out of designated lanes
• Sudden slowing, braking and speeding
• Exceeding the speed limit or driving less than the speed limit
• Failing to turn on lights or use turn signals
• Driving the wrong way on one-way roads, exits, or highways
• Failing to react to signs, lights, or slowing traffic or obstacles
• Running lights and stop signs
• Illegally passing school buses
• Odors of drugs, such as marijuana emitting from cars
• Speeding or driving out slowly from bars and restaurants
• Unsteady and sleepy individuals leaving bars
• Drivers attempting to flee or elude police

Damages in Alabama Drunk Driving Accidents

As a victim in a drunk driving accident in Alabama, you have a right to compensation for:

• Property (vehicle) damage
• Medical bills
• Future medical expenses
• Lost wages and lost employment capacity
• Pain and suffering, and emotional distress
• Disfigurement
• Physical impairment
• Loss of consortium and loss of enjoyment of life
• Punitive Damages

Third-Party Liability

In some cases, a third party may also be liable for your injuries in a drunk driving accident. In Alabama, bars, restaurants, and homeowners may also be liable for your injuries. Alabama’s Dram Shop Act (Alabama Code § 6-5-71) allows an individual injured by an intoxicated individual to sue the business that served the alcohol under certain conditions. This means that the victim, or in the case of wrongful death, the victim’s family, can seek damages such as medical bills, lost wages, and pain and suffering to help pay for the financial and non-economic losses from the accident. The liable parties can include the following:

• Bars, restaurants, and other alcohol vendors that provide alcohol to children younger than 21
• Bars, restaurants, and other alcohol vendors that provide alcohol to people who are intoxicated
• Adults social hosts and provide alcohol to children younger than 21

In such cases, the injuries must have been a foreseeable result of the person’s intoxication. Such “dram shop” claims are not always available, but an attorney can identify when you can hold additional parties liable for your losses.
Houston Drunk Driving Accident

Why Hire Drunk Driving Accident Attorneys Ferguson and Ferguson

The law offices of Ferguson and Ferguson take pride in giving each client individual and personal attention.

• We are committed to excellent client service.
• We care about our clients and have patience.
• Free phone consultation 7 a.m. to 7 p.m. and Saturdays
• Free office consultation as late as 7 p.m. and Saturdays also
• Locations near you
• We answer all our client’s calls or return them promptly.
• We make sure that our clients understand each step of their case.
• We keep our clients informed of the status of their cases.
• We have great compassion for the physical, emotional, and financial problems that our clients suffer and will do everything possible to get them through their difficult times.

Alabama Drunk-Driving Accident FAQ

What should I do after being hit by a suspected drunk driver?

Call 911, remain at the scene unless emergency treatment requires otherwise, and obtain appropriate medical care. Exchange identifying and insurance information, identify witnesses, photograph the scene when it is safe, and tell the investigating officer about any behavior suggesting impairment without confronting the other driver.

How can I prove that the other driver was impaired?

Evidence may include officer observations, field-sobriety or chemical-test evidence, witness accounts, admissions, body-camera or dashboard-camera recordings, surveillance video, receipts, vehicle data, open containers, and criminal-court records. Lawful evidence-preservation efforts should begin promptly.

Do I need a DUI conviction to bring a civil injury claim?

No. A civil claim and a criminal DUI prosecution are separate proceedings with different purposes and burdens of proof. A civil claim may proceed even if the driver is not convicted, although criminal-case evidence may be relevant.

What is the difference between the criminal DUI case and my civil claim?

The government brings the criminal case to determine whether the driver committed an offense and what criminal penalties apply. The injured person brings a civil claim to seek compensation and other damages allowed by law. The prosecutor does not represent the injured person in the civil claim.

What compensation may be available after an Alabama drunk-driving accident?

Depending on the evidence and Alabama law, recoverable damages may include medical expenses, future treatment, lost income, reduced earning capacity, property damage, pain and suffering, disability, disfigurement, and other accident-related losses.

Can punitive damages be recovered from a drunk driver?

Punitive damages may be considered when the evidence satisfies Alabama’s legal requirements for wanton, reckless, or other qualifying conduct. They are not automatic merely because alcohol was allegedly involved, and statutory limitations or other rules may apply.

Can a bar or restaurant be liable for a drunk-driving accident?

Potentially. Alabama’s Dram Shop Act may allow a claim against an alcohol provider under qualifying circumstances. Liability depends on the current statute and evidence concerning how the alcohol was provided, the patron’s condition, causation, and other case-specific facts.

Can a social host be responsible for providing alcohol?

Possible social-host liability is limited and depends heavily on the facts and current Alabama law, including the age of the person receiving alcohol and how it was provided. Hosting a gathering alone does not automatically create civil liability.

Can an employer be responsible for an employee who caused the crash?

An employer may be liable when an employee negligently causes a crash while acting within the scope of employment. Additional claims may depend on hiring, supervision, vehicle-use policies, prior notice, or other conduct. Employment alone does not establish liability in every case.

What if the drunk driver had little or no insurance?

Uninsured or underinsured motorist coverage under your policy or another applicable policy may provide benefits when the responsible driver lacks sufficient coverage. Other potentially responsible parties and policies should also be investigated.

Should I speak with the other driver’s insurance company?

Be cautious about providing a recorded statement or signing documents for the other driver’s insurer before obtaining legal advice. Statements and broad medical authorizations may later be used to dispute fault, causation, or the extent of an injury.

Should I attend the drunk driver’s criminal court proceedings?

You are not generally required to attend every hearing unless subpoenaed or instructed by the appropriate authority. You may ask the prosecutor’s victim-services office about the case, your rights, scheduled proceedings, and whether your participation is needed.

What evidence should be preserved after an impaired-driving crash?

Preserve photographs, video, witness information, the crash report, medical records, bills, wage-loss documents, insurance correspondence, repair estimates, receipts, and information about the criminal case. Relevant surveillance, body-camera, vehicle, or business records may require prompt preservation requests.

What happens if I may have been partially responsible for the accident?

Alabama generally follows a strict contributory-negligence rule that may prevent recovery when an injured person is found legally responsible for contributing to the crash. Because fault is often disputed and other legal theories may apply, obtain advice before accepting an insurer’s conclusion.

How long do I have to file a drunk-driving accident lawsuit in Alabama?

Many Alabama personal-injury and wrongful-death lawsuits are subject to a two-year limitations period, but other claims or defendants may involve different and sometimes shorter deadlines. The applicable deadline should be calculated promptly for the particular case.

How can an Alabama drunk-driving accident lawyer help?

An attorney can preserve evidence, coordinate with appropriate criminal-justice contacts, investigate the driver and potential third parties, identify insurance coverage, document damages, negotiate with insurers, and file civil claims when appropriate.

How much does it cost to speak with Ferguson & Ferguson?

Ferguson & Ferguson offers free initial consultations for drunk-driving accident claims. Qualifying cases may be handled under a contingency-fee agreement, meaning an attorney fee is not charged unless compensation is recovered. The written representation agreement controls attorney fees and case expenses.

Free Case Review

If you need a personal injury lawyer for your drunk driving injury case, call or email us. Our consultations are free. We can visit you or your loved one at a hospital, residence, or workplace. Some lawyers, due to their lack of skill or resources, may not pursue all claims and compensation available to you. If you have been a victim of an automobile accident in which a drunk driver was at fault in Huntsville, Decatur, Athens, Cullman, or Scottsboro, Alabama, do not hesitate to call our skilled and experienced personal injury attorneys for a free assessment of your situation. Call now 256-350-7200 or 256-534-3435. We are here to help.

Huntsville Office Location:
303 Williams Avenue SW
Suite 321
Huntsville, AL 35801

Decatur Office Location:
211 Oak Street NE
Decatur, AL 35601