Drunk Driver Accident Attorney in Biloxi, MS
The law gives you the right to hold intoxicated drivers accountable for the harm they cause, and pursuing compensation requires experienced legal guidance to navigate both criminal and civil proceedings.
Mississippi takes drunk driving seriously, with strict penalties for those who choose to drive while impaired. However, criminal charges against the drunk driver are separate from your civil claim for damages.
Our experienced Biloxi drunk driver accident lawyers understand the complexities of drunk driving accident cases and work aggressively to secure full compensation for our clients. Our attorneys have extensive experience handling these cases throughout the Mississippi Gulf Coast, including crashes involving establishments that over-served alcohol under the state’s dram shop laws.
Your recovery should be your primary focus after a drunk driving accident. Let our drunk driver accident attorneys in Biloxi, Mississippi handle the legal complexities of your case while you concentrate on healing. We investigate every aspect of your case, from the driver’s blood alcohol content to potential liability of bars and restaurants, ensuring no source of compensation goes unexplored.
Hurt by a Drunk Driver in Biloxi? We Can Start Today
Being struck by a drunk driver changes your life in an instant, and knowing what to do after a car accident becomes critical. You deserve immediate legal representation to protect your rights and secure the compensation you need for recovery.
At Maloney-Lyons Personal Injury & Car Accident Lawyers, we handle drunk driving cases throughout Biloxi, including accidents on Beach Boulevard, Interstate 10, and Highway 90.
We offer a free consultation to evaluate your case and explain your legal options. Our firm works on a contingency fee basis, meaning you pay nothing unless we recover compensation for your injuries and damages. Contact us now for your free drunk driving accident consultation.
Do I Need a Biloxi Drunk Driver Accident Lawyer?
You should contact our Biloxi car accident attorneys immediately after being injured by a drunk driver. Drunk driving accident cases involve complex legal issues that require specialized knowledge and experience to handle effectively.
These cases differ from standard car accidents because they often involve criminal evidence, enhanced damages, and multiple liable parties. You need legal representation if:
- You suffered serious injuries
- The driver was arrested for DUI
- Insurance companies are offering inadequate settlements
- Establishments like bars or casinos may share responsibility for the crash
How Do DUI Charges Affect My Civil Case?
The criminal DUI prosecution and your civil injury claim are separate legal proceedings. You can pursue compensation through a civil lawsuit regardless of whether the drunk driver faces criminal charges or is convicted.
Your civil case focuses on proving negligence and recovering damages for your injuries. When a driver violates Mississippi’s DUI laws and causes an accident, this violation can serve as strong evidence of negligence in your civil claim. This legal concept, known as negligence per se, can significantly strengthen your case for maximum compensation.
Who Pays After a Drunk Driving Crash in Biloxi?
Multiple parties may be responsible for compensating you after a drunk driving accident. Our attorneys investigate every potential source of recovery to maximize your claim value.
The drunk driver’s auto insurance policy typically provides the primary source of compensation. If the intoxicated driver lacks insurance or carries insufficient coverage, your own uninsured/underinsured motorist coverage can fill the gap. Mississippi law requires insurance companies to offer this protection unless you specifically reject it in writing.
Establishments that served alcohol to the drunk driver may also bear liability under Mississippi’s dram shop law. Bars, restaurants, and casinos can be held responsible if they served alcohol to someone who was visibly intoxicated.
What Compensation Can I Recover After a DUI Crash?
Drunk driving accident victims can recover comprehensive compensation for all their losses. Because drunk driving constitutes reckless behavior, you may be eligible for enhanced damages beyond those available in typical car accident cases.
It is important to note that when drunk driving results in fatalities, families may pursue wrongful death claims for their devastating losses.
Economic Damages You Can Claim
Economic damages compensate you for measurable financial losses resulting from the crash. These damages are calculated using bills, receipts, and documentation of your expenses.
- Medical expenses: All current and future healthcare costs, including emergency treatment, surgery, hospitalization, and rehabilitation
- Lost income: Wages you’ve missed due to your injuries and reduced earning capacity if you cannot return to your previous work
- Property damage: Vehicle repair or replacement costs and damage to personal belongings
- Care expenses: Costs for home health aides, physical therapy, and specialized equipment
Non-Economic Damages You Can Claim
Non-economic damages address the personal, intangible losses you’ve experienced. These include physical pain, emotional suffering, and loss of life enjoyment. Mississippi caps non-economic damages at $1 million in most personal injury cases, though exceptions may apply in severe cases.
Punitive Damages in Mississippi DUI Cases
Punitive damages punish drunk drivers for their reckless conduct and deter similar behavior. Courts award these damages when a defendant’s actions demonstrate willful or wanton disregard for others’ safety. Drunk driving is a prime example of conduct warranting punitive damages in Mississippi.
Injured by a drunk driver? Contact our experienced Biloxi drunk driver accident attorneys to discuss your damages.
Can I Sue a Bar or Casino in Biloxi?
Mississippi’s dram shop law allows you to hold establishments liable for drunk driving accidents under specific circumstances. Given Biloxi’s numerous casinos and bars, investigating potential dram shop liability is crucial after a DUI crash.
An establishment faces liability if they sold alcohol to someone who was visibly intoxicated or under 21 years old. Visible intoxication means the person showed obvious signs of impairment, such as slurred speech, unsteady walking, or aggressive behavior.
Proving dram shop liability requires substantial evidence, including witness testimony, surveillance footage, and expert analysis. Our attorneys have the resources and experience to build compelling dram shop claims against negligent establishments.
What if the Drunk Driver Has No Insurance or Fled?
You still have options for recovery even if the drunk driver was uninsured or fled the scene. Your uninsured motorist coverage can compensate you for medical bills, lost wages, and other damages when the at-fault driver cannot pay.
Most Mississippi drivers have uninsured motorist coverage because insurance companies must offer it. After a hit-and-run, report the incident to the police as soon as possible and notify your insurance company to help protect your ability to make a claim under your policy.
What Steps Should I Take After a DUI Crash?
Taking the right actions immediately after being hit by a drunk driver protects your health and preserves your legal rights.
Call 911 and Report Suspected DUI
Tell the dispatcher you suspect the other driver is intoxicated. This ensures police respond to investigate and conduct sobriety tests, creating official documentation of the driver’s impairment.
Document the Scene Safely
If you can do so safely, photograph the vehicles, accident scene, and any evidence of alcohol consumption. Collect contact information from witnesses who can testify about the other driver’s behavior.
Seek Immediate Medical Care
Visit an emergency room at Merit Health Biloxi or Memorial Hospital immediately, even if you feel uninjured. Adrenaline can mask serious injuries, including traumatic brain injury, that may not become apparent for hours or days.
Avoid Insurance Company Statements
Do not provide recorded statements to the drunk driver’s insurance company without legal representation. Insurance adjusters may use your words to minimize or deny your claim.
Contact Maloney-Lyons Personal Injury & Car Accident Lawyers Immediately
Early legal intervention allows us to preserve crucial evidence before it disappears. We can secure surveillance footage, witness statements, and other time-sensitive evidence that strengthens your case.
How Long Do I Have to File in Mississippi?
Mississippi has a statute of limitations for car accident claims, so it’s important to consult an attorney promptly after an accident. Missing this deadline permanently bars you from recovering compensation through the courts.
Don’t wait to contact a drunk driving accident lawyer in Biloxi. Evidence deteriorates, witnesses relocate, and legal deadlines approach quickly. Early action protects your rights and strengthens your case.
How Maloney-Lyons Personal Injury & Car Accident Lawyers Builds Your DUI Injury Case
Our comprehensive approach to drunk driving cases ensures no detail is overlooked in pursuing maximum compensation for your injuries and losses.
Evidence We Secure Fast
We immediately begin preserving critical evidence that supports your claim:
- Police reports: Official crash reports and arrest records documenting the driver’s impairment
- BAC test results: Blood alcohol concentration readings from breath, blood, or urine tests
- Surveillance footage: Traffic cameras and business security videos showing the accident
- Witness statements: Testimony from people who observed the crash or the driver’s behavior
- Bar receipts: Documentation of alcohol purchases before the accident
Coordination With Prosecutors
Our team monitors the criminal case against the drunk driver to obtain evidence that strengthens your civil claim. We work with prosecutors to access police testimony, lab results, and other materials gathered for the criminal trial.
Insurance Strategy and Litigation
We handle all communications with insurance companies while preparing your case for potential trial. This dual approach signals to insurers that we’re ready to fight for full compensation in court if necessary.
Why Choose Maloney-Lyons Personal Injury & Car Accident Lawyers for Your Biloxi DUI Accident?
Maloney-Lyons Personal Injury and Car Accident Lawyers brings decades of experience to drunk driving accident cases throughout the Mississippi Gulf Coast. Attorneys David J. Maloney and T. Randall Lyons provide personalized representation from our Biloxi office at 2548 Beach Blvd.
We believe every client deserves direct attention from experienced attorneys, not case managers. This commitment ensures your case receives the expertise and dedication necessary to achieve the best possible outcome.
Our deep understanding of Mississippi law and local court procedures gives us an advantage in negotiating with insurance companies and presenting cases to juries. We know how to counter insurance company tactics and build compelling arguments for maximum compensation.
Client Success Stories
Our dedication to drunk driving accident victims has resulted in substantial recoveries for clients throughout Biloxi and Harrison County.
We recently secured significant compensation for a client whose vehicle was rear-ended by a drunk driver on Highway 90. The settlement covered all medical expenses, lost wages, and provided financial security during recovery. Our thorough investigation revealed the driver had been over-served at a local establishment, leading to additional recovery through a dram shop claim.
Client testimonial: “Maloney-Lyons handled everything after I was hit by a drunk driver. They dealt with the insurance companies and made sure I received fair compensation. Their personal attention made all the difference during a difficult time.”
Ready to Talk to a Lawyer Today?
Time is critical after being injured by a drunk driver. Evidence can be lost, and legal deadlines approach quickly. Our experienced attorneys are ready to fight for the justice and compensation you deserve.
We provide free consultations to evaluate your case and explain your legal options. You’ll meet with an experienced attorney who will answer your questions and provide clear guidance on next steps. Remember, you pay no fees unless we win your case.
Schedule your free consultation now or visit us at 2548 Beach Blvd Suite 200, Biloxi, MS 39531.
Frequently Asked Questions About Biloxi Drunk Driver Accident Claims
What Damages Can I Recover From a Drunk Driving Accident?
You can recover economic damages like medical expenses and lost wages, non-economic damages for pain and suffering, and potentially punitive damages to punish the drunk driver’s reckless behavior.
Do I Need a Criminal Conviction to Win My Civil Case?
No, criminal conviction is not required for your civil injury claim. Civil cases have a lower burden of proof than criminal cases, making it possible to win compensation even if criminal charges are dropped.
Will My Uninsured Motorist Coverage Apply to a DUI Accident?
Yes, your uninsured motorist coverage typically applies if the drunk driver lacks insurance or has insufficient coverage to pay for all your damages.
How Do I Prove a Bar Over-Served the Drunk Driver?
Proving over-service requires evidence like surveillance footage, witness testimony, credit card receipts, and expert testimony about the patron’s level of intoxication when served.
Can I Still Recover if I Was Partially at Fault?
Yes, Mississippi’s pure comparative negligence law allows recovery even if you bear some responsibility. However, your compensation is reduced by your percentage of fault.
What Should I Avoid Saying to Insurance Companies?
Never admit fault, speculate about the accident, or minimize your injuries. Avoid giving recorded statements to the other driver’s insurance company without legal representation.
How Long Does a Drunk Driver Accident Case Take?
Case duration varies based on injury severity, liability disputes, and whether the case settles or goes to trial. The complexity of how to file a personal injury claim also affects timelines, some cases resolve more quickly while others may take longer based on the severity and circumstances involved.
Can I Sue if the Drunk Driver Only Damaged My Car?
Yes, you can recover property damage costs and potentially punitive damages even without physical injuries if the drunk driver’s conduct was particularly egregious.