Every year in Australia, 1 in 5 drivers killed on our roads have a blood alcohol concentration (BAC) .05 or higher (Transport Accident Commission). Furthermore, for drivers over the BAC, they are five times more likely to be involved in a crash.
The consequences of drink-driving are often devastating, leaving victims with life-altering injuries, psychological trauma, and financial hardship. Families can suffer the loss of a loved one in these accidents and the burden of funeral costs and lost financial support.
When a drunk driver causes an accident, victims have legal rights, and compensation is available through the Transport Accident Commission (TAC) and common law claims. If you or someone you love has been affected by a drunk driver, knowing the legal options available can help ease the financial and emotional strain. Learn about the compensation you may be entitled to and how legal support can make all the difference in securing what you deserve.
Impact of Drunk Driving Accidents
Drunk driving is one of the leading causes of road trauma in Australia. Despite widespread awareness campaigns, impaired drivers continue to take to the roads, putting others in danger. The victims of these accidents extend far beyond the driver responsible.
Who Can Be Affected?
- Drivers and Passengers: Injured drivers and passengers may face extensive medical treatment and loss of income.
- Pedestrians and Cyclists: Those on foot or riding a bicycle have little protection in a collision, often suffering severe injuries.
- Families of Deceased Victims: Losing a loved one in a drunk driving crash can result in both emotional grief and financial instability.
- Workers Injured in a Road Accident: If an employee is injured in a drunk driving accident while on the job, they may have additional entitlements under WorkCover.
What Are Your Legal Rights After a Drunk Driving Accident?
Victims of drunk driving accidents in Victoria have several legal avenues to claim compensation. The most common are through TAC benefits, common law claims, and, in the case of a fatality, wrongful death compensation.
TAC No-Fault Compensation
The Transport Accident Commission (TAC) provides financial support for victims of road accidents, regardless of who was at fault. Compensation may include:
- Medical expenses, including hospital stays and rehabilitation
- Loss of income payments while recovering
- Psychological support and counselling
- Household and vehicle modifications for serious injuries
TAC benefits help cover immediate and long-term recovery needs, but may not fully compensate for pain and suffering.
Common Law Claims for Additional Compensation
If a drunk driver caused the accident, victims may be eligible for a common law claim in addition to TAC benefits. This can provide additional compensation for:
- Pain and suffering
- Future loss of earnings
- Permanent impairment
Unlike TAC no-fault benefits, common law claims require proof that the other party was negligent, which is often the case with drunk driving.
Wrongful Death Claims for Families of Deceased Victims
When a person dies in a drunk driving accident, their dependants can claim wrongful death compensation, which may cover:
- Funeral expenses
- Loss of financial support
- Emotional suffering
Workers’ Compensation for Work-Related Road Accidents
Employees injured in a road accident while working may also be eligible for WorkCover benefits, providing compensation beyond standard TAC claims.
How to Claim Compensation for a Drunk Driving Accident
Filing a TAC Claim
- Claims must be lodged within 12 months of the accident.
- Necessary documents include medical evidence, a police report, and proof of lost income.
Common Law Claims
- The accident victim must prove that the drunk driver was at fault.
- Claims must be made within six years of the accident.
Wrongful Death and Dependency Claims
- Dependants should also file within 12 months of the accident leading to the person’s death.
Workers’ Compensation for Work-Related Accidents
- Injured employees can lodge WorkCover claims in addition to TAC benefits.
Securing fair compensation can be complex, especially while recovering from trauma. This is where experienced legal representation can make a critical difference.
Why You Need a Lawyer to Handle Your Claim
Strict Deadlines and Complex Paperwork
- Missing key documents or deadlines can delay or reduce compensation.
- Proving negligence in common law claims requires legal expertise.
Insurance Companies Often Undervalue Claims
- TAC and insurers may offer minimum compensation.
- Legal professionals ensure victims receive the full amount they are entitled to.
Legal Experts Maximise Compensation
- Lawyers handle all negotiations, paperwork, and legal proceedings.
- Claimants with legal representation are more likely to secure higher settlements.
But, most importantly, an experienced lawyer ensures you do not settle for less than you deserve.
Why Choose Carbone Lawyers?
Carbone Lawyers has a history of securing maximum compensation for victims of road and transport accidents.
What Sets Carbone Lawyers Apart?
- Decades of experience in serious injury claims
- No Win, No Fee meaning no upfront costs
- Full-service legal representation
Carbone Lawyers fights to ensure clients receive the full compensation they are entitled to while relieving the burden of dealing with legal complexities.
Start Your Time-Sensitive Claim Today
Victims of drunk driving accidents deserve justice and full compensation. Acting quickly is critical, as TAC, common law, and wrongful death claims all have strict deadlines.
If you or someone you love has been injured or lost their life due to a drunk driver, do not wait to seek legal guidance. Carbone Lawyers will handle the entire process, ensuring you receive the compensation you are entitled to while you focus on recovery.
Call 1800 369 888 today to start your claim.
