Drunk drivers can cause some significant accidents and fatalities due to the high speeds at which they frequently travel. Because of poor judgment, they are significantly more likely to over speed, weave between lanes, drive in the incorrect lane, or neglect to stop when necessary. When a person combines speed with that sort of driving conduct, there is a significantly increased danger of serious or fatal injury for everyone on or near the road.
Drunk drivers will usually be convicted in criminal courts, but survivors seeking justice for their injuries and losses cannot access these courts. That’s the role of civil courts and expert DUI incident lawyers, particularly when a person is gravely hurt or a person is killed. Victims of alcohol-related accidents can seek compensatory damages in addition to punitive damages, which are frequently granted in these instances.
Burden of Proof
Even if a criminal DUI prosecution is dropped due to legal semantics, you can still claim restitution for your losses in a civil drunk driving personal injury lawsuit. This is due to the fact that the burdens of proof differ in the two sorts of instances. In a criminal proceeding, the prosecution must establish beyond a reasonable suspicion that the suspected intoxicated driver is guilty. The burden of proof in a civil intoxicated driving accident lawsuit is a majority of the evidence. That suggests your account of events is more likely to be true than false. A victim of a drunk driving accident can even file a civil action while the intoxicated driver is being tried. That is, in fact, recommended. The case will be addressed in a separate courtroom before a different judge.
A person or corporation that gave or sold alcohol to someone who later caused a DUI incident may be held accountable for damages. Most jurisdictions have laws that hold bars, hotels, clubs, and even social hosts accountable for damages if they serve alcohol to someone who later causes harm or kills someone in a DUI collision.
If the individual who incurred the incident and damages was arrested for DUI, contact a drunk driving injury lawyer straight away to get efficient drunk accident help.
If you are involved in a crash in which the other person was under the influence of alcohol, your chance of receiving compensation for any damage resulting from the crash is fairly high. However, if you are in a no-fault state, filing a civil case will be more difficult.
Insurance Claims Are Your Safest Bet
Before you rush to the courts and file your complaint, it could be a good idea to first reach a deal with the offender’s insurance provider. Every state requires drivers to carry a specific level of automobile insurance. And, if you submit a third-party suit against the drunk driver’s auto insurance company, informing them that you plan to seek fair compensation for damages and losses as a consequence of the accident, you may be shocked by the offer you receive.
If There Was a Conviction, You May Have a Strong Case
There are a few situations in which insurance companies would go to great lengths to prevent a lawsuit, and one is if someone they cover is convicted of DUI in relation to an automobile accident. Insurance firms understand that if a case involving their client gets to court and a jury is permitted to decide on a financial reward for a plaintiff who was injured by a drunk driver, they will wind up paying a fortune. As a result, an injury compensation settlement, even if it is on the higher side, is usually in their best interests.
No-Fault State Laws
If you reside in one of the states that adhere to no-fault auto insurance laws, your alternatives will be more restricted, at least at first. Even if the drunk driver was responsible for the collision, you’ll need to use your own personal injury protection policy to get your medical expenses covered. However, every no-fault state provides a threshold below which an injured individual can file a liability claim or personal injury lawsuit against the at-fault motorist. If your injuries fit your state’s standard of severe injuries, or if your medical expenditures are excessive, you can opt out of the no-fault system.