Gulfport DUI Attorney

Have you suffered injuries in a car accident caused by an intoxicated driver? When someone gets behind the wheel after consuming alcohol and causes an accident that causes you injuries, you may have the right to hold them accountable for your harm and loss. A Gulfport impaired driving lawyer from Haug, Farrar & Franco, PLLC, can help you pursue compensation for your medical bills, lost income, and pain and suffering. 

We founded our firm to serve individuals and families facing significant legal challenges after life-altering accidents. Our team of seasoned litigators works hard to prepare every case we handle for trial in case insurance companies make lowball offers. We aggressively advocate for the rights of injury victims to help them secure the compensation they need to move forward with their lives. 

After a motor vehicle accident caused by a drunk driver, you deserve to seek financial relief and accountability for your injuries and losses. Contact Haug, Farrar & Franco, PLLC, for a free initial case evaluation with our knowledgeable Gulfport drunk driving attorneys.

What Are Mississippi’s DUI Laws?

Mississippi’s drunk driving statute makes it illegal for a person to operate a vehicle while under the influence of alcohol, illicit drugs, or any substance that can impair a person’s ability to operate a vehicle. Driving with any amount of alcohol, drugs, or other substances in one’s system can lead to a charge of driving under the influence, or DUI.

Under the state’s DUI laws, a motorist may be charged with per se drunk driving if they have a blood alcohol content (BAC) of 0.08 percent or more, regardless of whether they can operate a vehicle safely. Motorists operating commercial vehicles can be guilty of per se drunk driving with a BAC of 0.04, while drivers under 21 can be guilty of the charge with a BAC of 0.02. Even a driver with a BAC under the legal limit may face a DUI based on other evidence of their inability to drive safely.

Penalties for a DUI conviction vary based on the number of prior DUI convictions a person has and whether an offense involved any aggravating circumstances, such as causing disfiguring injuries or death or occurring while the driver was transporting a child under 16.

Mississippi also has an implied consent law that requires all drivers to submit to chemical testing following an arrest for DUI. Refusal of chemical testing will result in a driver’s license suspension for 90 days or one year if convicted of DUI.

What Are Common Injuries Caused in Drunk Driving Accidents?

Because drunk driving accidents are often violent, DUI accident victims tend to suffer severe, life-altering injuries. Examples of injuries that drunk driving accidents can cause include:

• Severe lacerations and scarring
• Dislocated joints
• Ligament sprains and tears
• Muscle or tendon strains and tears
• Broken bones
• Whiplash
• Nerve damage
• Herniated spinal disc injuries
• Burns from post-crash vehicle fires
• Spinal cord injuries and paralysis
• Internal organ injuries and bleeding
• Traumatic brain injuries
• Traumatic amputation and dismemberment or limb loss

How Is Liability Determined for a Drunk Driving Crash in Mississippi?

Determining liability in a drunk driving crash may require significant evidence to prove the driver was intoxicated and their actions caused the accident. Examples of evidence lawyers often use to prove liability for a drunk driving accident in Mississippi include:

• Police crash reports and arrest records
• The driver’s chemical test results
• Eyewitness testimony from other motorists or bystanders who saw the crash 
• Surveillance, traffic camera, or dashcam footage
• Bar or restaurant receipts
• Text messages or social media posts
• Accident reconstruction and medical expert reports and testimony

Can Bars, Shops, Restaurants, and Social Hosts Be Liable for a Drunk Driving Accident?

Under Mississippi’s dram shop law, a bar, restaurant, or party host may bear liability for a drunk driving accident in certain circumstances. Typically, these parties will not be liable for drunk driving accidents because the legislature has deemed the consumption of alcohol the proximate cause of drunk driving accidents rather than the sale or furnishing of alcohol. However, a bar, restaurant, or social host could be liable under the dram shop law if they:

• Forced an individual to consume alcoholic beverages
• Falsely represented that a beverage contained no alcohol
• Sold or furnished alcohol to someone under 21
• Sold or furnished alcohol to a visibly intoxicated person

What Compensation Can I Pursue in a Drunk Driving Accident Claim?

After a car accident caused by a drunk driver, you may recover compensation for losses you suffer due to injuries and property damage from the crash. With a successful drunk driving accident claim, you may secure a monetary award for the following: 

• Medical treatment and rehabilitation expenses, including hospitalizations, surgeries, pain medication, and physical or occupational therapy
• Long-term care expenses if you suffer prolonged or permanent disabilities due to your injuries
• Loss of wages and income if you miss work while healing or have reduced earnings in a part-time or light-duty role 
• Loss of future earning capacity and job benefits if your injuries result in a permanent disability or impairment that prevents you from seeking gainful employment 
• Physical pain and suffering due to injuries or medical treatments
• Emotional distress, including anxiety, depression, or post-traumatic stress disorder (PTSD) resulting from your injuries 
• Loss of enjoyment or quality of life due to disabilities or permanent scarring and disfigurement
• Cost of vehicle repairs or reimbursement for the value of your totaled vehicle

In a drunk driving accident lawsuit, you might also obtain an award of punitive damages. These do not compensate you for any financial or personal losses. Instead, punitive damages punish the drunk driver for acting with a willful, wanton, or reckless disregard for others’ safety.

Can I Recover Compensation Even If the Drunk Driver Isn’t Charged?

Just because a DUI conviction doesn’t occur, that doesn’t mean you cannot hold the other driver liable for your injuries and losses. 

A criminal conviction for DUI requires the state to prove the driver’s intoxication beyond a reasonable doubt. However, there is a lower burden of proof in civil lawsuits. Plaintiffs in civil court must prove the defendant is liable by a “preponderance of the evidence.” Therefore, while the state may not have had enough evidence to secure a DUI conviction, you may have enough to prove that the other driver operated their vehicle while under the influence of alcohol.

How Long Do I Have to File a Drunk Driving Accident Lawsuit in Mississippi?

Mississippi’s statute of limitations typically gives plaintiffs three years from the date of a drunk-driving accident to file a lawsuit against the driver. While three years may sound like plenty of time, building a solid case can take weeks or months. That’s why it’s important to contact the drunk driving accident attorneys at Haug, Farrar & Franco, PLLC, as soon as possible after a crash. 

If you file a suit after the deadline, the trial court will likely dismiss your case, and you may lose the opportunity to hold the drunk driver who hit you accountable in civil court. 

How a Gulfport Lawyer Can Help People Injured by Drunk Drivers

After getting hit by a drunk driver, you deserve to seek accountability and financial relief for the injuries and losses you’ve suffered due to the accident. While you focus on making a full recovery and moving forward, let a Gulfport drunk driving lawyer from Haug, Farrar & Franco, PLLC, handle preparing and pursuing your legal claims. When you turn to our firm for help after a drunken driving accident, you can expect us to seek the compensation you need by:

• Thoroughly investigating the accident to secure and preserve evidence we can use to show the other driver’s intoxication and liability for your injuries and other losses 
• Gathering records to document your injuries and losses to ensure we pursue maximum financial relief for your ongoing and future expenses or needs
• Identifying all potentially liable parties, including bars, restaurants, and social hosts, and evaluating your legal options for pursuing compensation
• Preparing and filing your claims and dealing with insurance adjusters or defense attorneys on your behalf
• Pursuing total compensation for you, whether through a negotiated settlement or by taking your case to court and trial when litigation becomes necessary

Contact an Experienced Gulfport Drunk Driving Accident Lawyer Today

If you’ve suffered injuries in a crash caused by a drunk driver, you need the help of a good lawyer for DUI accidents. The attorneys with Haug, Farrar & Franco, PLLC, can help you pursue financial relief and accountability from a drunk driver. For nearly a decade, we have advocated for injury victims in Gulfport and can do the same for you. 

Contact our office today for a free, no-obligation consultation. You’ll learn how our experienced Gulfport drunk driving accident lawyer can fight for the maximum compensation and accountability you deserve.