Certain events have such a profound and deep impact on us that they bring life to a complete and grinding halt. These events often leave behind deep scars, not those that can be seen, but those that can be felt and impede each and every activity we partake in. Losing a loved one in a road accident is the epitome of such an event. It happens suddenly and without warning.
A loved one that’s lost always leaves behind a void, one that is difficult to fill up. When it happens so suddenly and unexpectedly, you do not even get the opportunity to prepare and brace yourself. However, what can be even worse is to have a loved one killed by a driver under the influence of alcohol.
It would be wrong to call a road incident caused by a drunk driver an accident. One cannot call it an accident, it is a crime, an unforgivable crime caused due to negligence, carelessness, and lack of self-control. A drunk driver should be held accountable for his actions and punished accordingly.
Unfortunately, fighting for justice can often be harder than expected, drawn-out, and quite an arduous process to finish. However, if you know the processes that must be executed and the steps that must be followed, fighting for justice can become a successful endeavor. Here is how you can fight for justice if your loved one is killed by a drunk driver.
In order to be able to fight for justice, the first thing you need is to find out the identity of the offender. A large proportion of drunk driving incidents end up turning into hit-and-run cases. If you are not present at the scene of the crime, there is not much that you can do. However, if you are present on-site, it is important to gather as much information as possible within a brief span of time.
Every piece of information that you are able to register and put together will later prove useful in identifying the person responsible for the incident. Details like the name of the vehicle, the color, its make, the type of vehicle, and the license number can prove very useful at a later stage. Given that we all carry a smartphone nowadays, quickly grabbing a picture or recording a video can prove invaluable.
If you or someone you know is ever involved in an accident, even one that is not caused by a drunk driver, calling the police should be right on top of your priority list. Contacting the police allows them to note down all the relevant details and ensure that proper procedure is followed. The police can also check if the driver responsible for the accident is under the influence of alcohol or not. To add to that, a police report will also add credibility to your case.
To fight any case, or even take a case to court, supporting evidence is needed. The same applies to a case involving drunk driving as well. However, gathering relevant evidence can become quite challenging, especially if it is done at a later stage. If you are present at the scene of the accident, you should take as many photos as possible; not of the victim of course, but the other vehicle, the driver, and the extent of the damage.
This can later help in building your case. You should also approach the other people who may have witnessed the accident and gather their contact details. This can later come in handy in case witnesses are required to testify.
Reading through the various nuances that our legal system contains can become quite overwhelming. For regular people, it can become quite difficult to understand what their rights are and how they can fight for them.
This is where seeking professional help can prove beneficial. A personal injury lawyer can help you chart out the best course of action for your particular situation. The experienced legal team at https://www.dsslaw.com/ suggests that before you make a decision regarding the services of a personal injury lawyer, you can even ask for a free evaluation. A free evaluation can help you decide if the services offered are in line with your requirements. A big advantage of seeking professional help is that if the defendant is not found guilty initially, these lawyers will also represent your case in the courtroom.
A civil lawsuit is quite different in comparison to a criminal lawsuit. In a criminal lawsuit, the drunk driver would be held responsible for any damage that was caused and any laws that were broken. In a criminal lawsuit, you would not be fighting for your rights in court. To fight for the justice of your loved one, you will have to file a civil lawsuit against the drunk driver responsible for the accident.
In some states like Texas, you can also sue the bar, club, or establishment that served alcohol to the drunk driver despite knowing that he could be a danger not just to himself but also to others. While these laws, which are part of the Texas Dram Shop Laws, can help increase the compensation that is offered, they can also make fighting the case much more complicated as there would be more defendants and higher opposition.
Dealing with the loss of a loved one is never easy. Even though time is a great healer, it takes a long time to come to terms with it. The impact of such a loss is even greater if it is not an accident, but is rather due to the negligence, carelessness, and indifference of a person driving under the influence of alcohol.
While in such a case, the guilt and responsibility of the incident lie with the drunk driver, the path to ensuring that the driver gets convicted and that justice is done by your loved one is full of roadblocks. However, making sure that you follow the steps that have been explained here can help you fight for justice for your loved one.