Posted in DUI
A crash caused by an impaired driver leaves victims dealing with two systems at once: a criminal prosecution and an insurance claim. Each has its own rules and its own timeline. Knowing what role you play in each one can help you protect your recovery from the start.
Two Cases, Two Different Roles
When police charge a driver with DUI in Rockville, the State’s Attorney prosecutes the case. You are not a party to it. You’re a witness, and in many respects a bystander to decisions about charges, pleas, and sentencing.
The civil side works differently. A claim for compensation is yours to bring, and you decide whether to settle or go to court.
Your Rights in the Criminal Case
Maryland gives crime victims specific rights, though some must be requested in writing. Under Maryland’s crime victim rights laws, victims may be able to:
- Receive notice when charges are filed
- Ask to be told about upcoming court proceedings
- Attend certain hearings and make a statement
- Learn the terms of any plea agreement
- Request restitution from the offender
The Limits of Restitution
Restitution can reimburse some out-of-pocket losses, such as medical bills, if you provide proof. But it rarely covers the full picture. It generally doesn’t compensate for pain, lasting limitations, or future care, and collecting it from an offender can take years.
Other Sources of Compensation
Because restitution is limited, most victims look to other sources. The right combination depends on the facts and the coverage involved.
The Driver’s Insurance
The at-fault driver’s liability policy is usually the first source. A car accident case against an impaired driver often starts with strong evidence, including the police report and chemical test results.
Your Own Policy
Some impaired drivers carry only minimum coverage, and others carry none. In those situations, your own uninsured or underinsured motorist coverage may help close the gap. Insurers handle these claims as adversaries, even when they’re your own carrier.
State Victim Compensation
Maryland’s Criminal Injuries Compensation Board offers financial help to eligible crime victims. It can help with certain medical costs and lost earnings, subject to program limits and eligibility rules.
A Civil Lawsuit
A personal injury claim is the only route that addresses the full scope of your losses. That includes non-economic harm, such as pain and emotional distress.
When a crash is fatal, surviving family members may bring a wrongful death claim on their own behalf.
Steps That Protect Your Claim
Many of the most important steps happen in the first days and weeks after a crash. Your health comes first. Beyond that, the steps you take after a car crash can shape how the claim unfolds:
- Request a copy of the police report
- Keep every medical bill, receipt, and record of missed work
- Photograph your injuries and vehicle damage
- Write down what you remember while it is fresh
- Decline to give a recorded statement to the other driver’s insurer
These crashes are more common after dark. Federal data shows fatal crashes involving an alcohol-impaired driver are about three times more likely at night. Nighttime crashes often have fewer witnesses, which makes early evidence gathering even more important.
Pedestrians and bicycle riders struck by impaired drivers face the same issues, often with more severe injuries.
Working With an Attorney
A Rockville DUI lawyer who represents injured victims can follow the criminal case, use the records it produces, and pursue every available source of compensation at the same time. Maryland’s three-year filing deadline applies to most injury claims, regardless of where the criminal case stands.
Having one Rockville DUI lawyer coordinate the insurance claims, restitution requests, and any lawsuit keeps the pieces from working against each other.
Cohen & Cohen has represented people injured by negligent and impaired drivers for more than 25 years. If you or someone close to you was hurt by a drunk driver, contact our office to discuss your options.
