In any first-time drunk driving
offense, if guilt is established, the drunk driver often faces fines and
probation. In all states, first-offense DUI or DWI is classified as a
misdemeanor, and punishable by up to six months in jail. That jail time may be
increased under certain circumstances. For example, some states mandate more
severe punishments for DUI offenders with a high blood-alcohol content (BAC). For
a DUI or DWI where the driver killed or injured someone or it's the driver's
third or fourth DUI, jail sentences of several years are not uncommon; it depends
on state law, the facts of the case, and the discretion of the judge at trial. In
addition to jail sentences, courts usually impose fines and suspend the drunk
drivers’ license for a certain period of time. One obstacle in such cases is
that the drunk driver often times does not have insurance or personal assets to
compensate the victims. Even in the event of a lawsuit, the victims and their
families may not be able to collect. Here is a case in point.
Five years ago, Sarah
Hrachovina Coreas was on her way to work when the driver of a Range Rover
plowed into her car. The SUV driver was drunk and fled from the police before he
was found hiding nearby. His blood alcohol level was twice the legal limit. The impact
mangled Sarah’s car, leaving her severely injured. Sara stayed in an induced
coma for nearly five weeks and in the intensive care unit for three months. The
traumatic brain injury has left Sarah unable to talk. She can’t walk or sit up
on her own and has a feeding tube and a tracheostomy to help her breath. Over
the years, Sarah has fought off pneumonia, kidney stones and high fevers that
have sent her to ICU. Her mother quit work to help care for Sarah; her young
daughter has a hard time visiting her in the nursing home. Despite a bleak
prognosis from her doctor, Sarah’s family remains optimistic for a miracle.
What happened to
the drunk driver? Eighteen months after the accident, he pleaded guilty to
intoxication assault and a Galveston, Texas judge ordered the man to pay Sarah
more than $800,000 in restitution to cover her medical expenses and help her
husband support their young daughter. The drunk driver was also sentences to 10
years’ community service. When he failed to pay on the restitution, the man was
sentenced to 10 years in prison.
Back to Sarah….her nursing home stay cost about
$3,000 a month ($36,000/year), not including any hospital visits or doctor
appointments. How does her family pay the bills? There appears to be no viable
civil recourse unless there is no bar or other party involved. The family would
have no reason to sue the drunk driver because even if they won the lawsuit,
there is no probable way to collect on the award. The only option would be to make
a claim against her own insurance company if the family had uninsured/underinsured
motorists’ coverage on their auto policy.
Texas does not require drivers to buy
uninsured/underinsured motorist coverage, but it does require insurance
companies to offer this kind of coverage, which can provide additional
protection in an accident. For a minimal charge, uninsured/underinsured
coverage will pay all the damages that the wrongdoer and/or his insurance would
have had to pay. This includes medical expenses, lost wages, and physical
injuries suffered.
Lawsuit Financial,
recommends that everyone purchase the maximum UM/UIM coverage allowed in your
state (or the most coverage you can afford) to protect yourself from
catastrophe caused by an uninsured driver. Call your agent today and ask
him/her if you have either or both of these valuable coverages. If you don’t,
purchase them. Ask your agent what the maximum limits available to you are and,
if you can afford it, purchase the maximum limits for both. If you ever find
yourself seriously injured as the result of the negligent driving of an
uninsured/hit & run driver or an underinsured driver, you will be very glad
you reviewed and upgraded your coverage.
Lawsuit
Financial Corporation is a leader in the lawsuit funding industry and
recognized by attorneys nationwide as a preferred choice for legal funding
services. If you have a personal
injury case and you find yourself behind on your bills and falling into debt,
contact us to find out more about receiving a lawsuit cash advance on your
case. The application process is simple and, depending on circumstances, the
money can be wired directly into your bank account in as little as 24 - 48
hours.
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