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Injured by a Drunk or Drugged Driver in Alabama? Put Elliott Lipinsky on Your Side

  • Writer: Elliott Lipinsky
    Elliott Lipinsky
  • 5 days ago
  • 4 min read

A violent DUI crash turns life upside down. Medical bills grow. Work stops. Pain lingers. Insurance companies circle. In moments like this, the most crucial decision you make is who will lead your case. Clients across Alabama hire Attorney Elliott Lipinsky because he treats DUI injury cases as high-stakes litigation from day one. He moves quickly to secure evidence, pushes every responsible party to account, and builds the kind of case that insurance carriers respect and juries understand. His goal is simple—full accountability and the maximum lawful recovery for you and your family.


Why do so many Alabama families choose Elliott Lipinsky


DUI cases are different from ordinary wrecks. They demand fast investigation, courtroom-ready preparation, and a lawyer who knows how to frame both negligence and wantonness to open the door to punitive damages when the facts support it. Elliott brings a trial-first mindset to police reports, body-cam and dash-cam requests, ignition-interlock and intoxilyzer records, and third-party footage from nearby businesses. He coordinates promptly with crash-reconstruction experts and treating physicians so your medical story is documented clearly. He understands how Alabama's strict rules on fault and damages shape strategy, and he uses that knowledge to protect your claim from day one.


Alabama DUI law that matters to your civil claim


Alabama's DUI statute makes it illegal to drive with a blood-alcohol concentration of 0.08 percent or more for most drivers, 0.04 percent for commercial drivers, and 0.02 percent for drivers under twenty-one. A driver can also be guilty if alcohol, drugs, or any impairing substance renders safe driving impossible. These legal thresholds inform police testing, criminal charges, and the evidence Elliott uses to prove fault in your civil case.

Drug-impaired driving changes none of this. Suppose the at-fault driver was under the influence of a controlled substance. In that case, that criminal conduct becomes robust evidence in your civil case. Alabama criminal statutes prohibit unlawful possession of controlled substances and define first-degree marijuana possession, which often appears in DUI-related arrests. Criminal charges are not required to win your civil claim, yet when they exist, they add weight to the story the jury hears.


Holding bars and sellers accountable under Alabama's Dram Shop Act


Liability does not end with the drunk driver. Alabama's Dram Shop Act allows victims to pursue claims against those who knowingly sold, furnished, or served alcohol contrary to law to an individual who was visibly intoxicated, when that illegal service is the proximate cause of the harm. A 2023 update to the statute clarified the visible-intoxication and knowledge standards. Elliott knows how to build this proof with eyewitnesses, receipts, surveillance video, and expert testimony.


Contributory negligence in Alabama and why your lawyer's precision matters


Alabama follows pure contributory negligence. If a defendant can prove you were even slightly at fault, your recovery can be barred. Insurance companies know this and use it. Your case needs a lawyer who anticipates the defense and develops the record to defeat it. Elliott prepares these cases with the contributory negligence battle in mind from the first phone call.


Punitive damages and wantonness in DUI injury cases


DUI injury cases often involve more than simple negligence. Alabama law allows punitive damages when a defendant's conduct meets the wantonness standard. The statute defines wantonness as conduct carried on with a reckless or conscious disregard of the rights or safety of others, and it requires clear and convincing evidence. That is why Elliott treats intoxication evidence, prior conduct, and aggravating factors as core trial themes.

Alabama caps punitive damages in most civil cases at the greater of three times compensatory damages or five hundred thousand dollars, and at the greater of three times compensatory damages or one million five hundred thousand dollars when there is a physical injury. These caps do not apply in wrongful death actions. A precise understanding of these limits helps set strategy and settlement posture.


Alabama's wrongful death law is unique. Damages are punitive only, aimed at punishing the wrongdoer rather than compensating the estate for medical bills or income loss. In a DUI death, this punitive focus can drive significant verdicts, and it changes how the case should be investigated and tried.


More paths to recovery than the drunk driver's policy


Responsible case building looks beyond the at-fault driver's liability limits. Alabama requires every insurer to offer uninsured and underinsured motorist coverage, which applies unless the insured rejected it in writing. Your own UM or UIM coverage can step in when a drunk driver is uninsured, underinsured, or flees the scene. It can apply even in phantom-vehicle scenarios when there is no contact, as long as the legal standards are met. Elliott traces every coverage layer to maximize available recovery.


What Elliott Lipinsky does for you in the first critical weeks


He secures crash reports and 911 audio, demands preservation of bar and restaurant video, and obtains police testing data. He documents your injuries through your treating physicians, captures wage loss and future care needs, and deals with the insurer so you do not have to. He protects your claim against contributory negligence arguments, frames the facts for wantonness where the evidence supports it, and keeps pressure on every responsible party, including alcohol vendors under the Dram Shop Act. The work is detailed and relentless because your recovery depends on it.


Timing matters. Do not wait.


Most personal injury claims in Alabama must be filed within two years. Wrongful death actions also have a two-year filing deadline measured from the date of death. Missing a deadline can end the case before it begins. Elliott monitors these windows carefully while moving your claim forward.


Results start with a conversation.


If a drunk or drugged driver hurt you or someone you love, you deserve a lawyer who will treat your case like the most critical case in the room. That is how Elliott Lipinsky practices. Contact The Law Offices of Elliott Lipinsky to discuss your case. There is no pressure and no legal jargon: just straight answers, a clear plan, and a lawyer who will stand up for you.



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