Suppose you’re driving down the road one night when a car fails to yield the right of way to you and makes a left turn in front of you, colliding with your car. You have aches and pains but don’t seem to be seriously injured. You get out of your car to inspect the damage and the other driver approaches you, saying he’s sorry and asking you not to call the police. As the other driver gets closer to you, you smell alcohol and notice the driver isn’t walking a straight line. In short, you’ve just been hit by a drunk driver.
If you call the police, the other driver will probably be arrested for driving under the influence of alcohol. However, there has been significant damage to your car and you want to go to the hospital to get checked out. The best thing for you to do is call 911 and request that police and paramedics be sent out. The other driver may be telling you he’ll pay for everything, but when he or she sobers up may have a change of mind. Also, the damage to your car and your medical expenses will probably run into several hundred, if not thousands, of dollars and the drunk driver may balk at paying you in full. In addition to the usual damages you are entitled to recover—medical expenses, lost wages, pain and suffering, and property damage—you may well be entitled to recover punitive damages from the drunk driver. In such a case you should probably consult an experienced personal injury lawyer.
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