After an auto accident, you might step out of your vehicle to speak to the other driver, only to notice that they appear intoxicated. If the drunk driver was to blame for the accident, they could owe you compensation for personal injuries, vehicle damage, medical bills, and more. But how does their intoxication affect the insurance claim or lawsuit process? Understanding what is involved in a lawsuit against a drunk driver can prepare you to pursue maximum financial recovery for your injuries and losses.
If you were injured in an automobile accident caused by a drunk driver, Brauns Law Accident Injury Lawyers, PC can help you demand accountability and compensation. Reach out to our firm today for a free initial consultation to discuss your legal options with our knowledgeable drunk driving accident attorney.
Criminal Drunk Driver Case vs. Civil (Injury) Cases
A drunk driver who causes an accident may find themselves subject to two types of legal cases. First, they may be charged with the crime of driving under the influence. The criminal case is intended to punish the driver for breaking the law, which prohibits driving while impaired by alcohol. In the criminal case, a prosecutor must prove beyond a reasonable doubt that the driver was operating their vehicle while impaired by alcohol. If convicted, the driver may face punishment that can include fines, suspension of driving privileges, and jail or prison time.
Additionally, anyone who was injured in that accident can pursue a separate civil claim against the drunk driver to recover compensation for their expenses and losses. A civil claim can take the form of an insurance claim against the drunk driver’s liability insurance policy or a lawsuit against the drunk driver. In a civil lawsuit, the injured party will need to prove that it was more likely than not that the drunk driver caused the accident. This is a much lower burden of proof than in the corresponding criminal case.
Remember, criminal and civil cases are two separate things, each with its own standard of proof. You can still hold a drunk driver liable in civil court even if they were found not guilty in criminal court. That said, a criminal conviction could strengthen your case for compensation.
How a Personal Injury Lawyer Can Help You with a Drunk Driving Accident Case
A drunk driving accident lawyer’s job is to demand maximum compensation for the harm you suffered as a result of the intoxicated motorist. They will go about this by:
- Investigating the accident to recover evidence they can use to build your case, such as police accident reports, arrest and conviction records, eyewitness testimony, surveillance or traffic camera footage, and expert accident reconstruction reports
- Identifying options for recovering compensation on your behalf, including filing insurance claims against the drunk driver’s policy or seeking coverage under your own policy
- Documenting your injuries and losses to calculate the fair and full compensation you need and deserve
- Filing claims on your behalf and aggressively negotiating with insurance adjusters and defense lawyers to try to secure a maximum settlement for you
- Taking your claims to trial if necessary to hold the drunk driver accountable to you for the harm you have suffered
Steps to Take After Being in an Accident with a Drunk Driver
You can help protect your rights following a drunk driving accident by:
- Contacting the police or call 911 if you suspect that the other driver in the accident may be intoxicated
- Documenting the accident scene, if you are able to safely do so, by using your cell phone to take photos and video of critical details like vehicle damage, skid marks, traffic signals at the scene, and weather or lighting conditions
- Seeking prompt medical attention to ensure that the injuries you sustained in the accident are diagnosed and documented as having been caused by the accident
- Keeping records of expenses and losses that you incur because of the accident
- Starting a journal to document your recovery from physical and emotional injuries you suffered in the accident
- Not discussing the accident or your injuries on social media
- Consulting with a drunk driving accident lawyer as soon as possible to defend your rights and pursue the compensation you deserve
Pursuing Compensation After a Drunk Driving Accident
By filing an insurance claim or lawsuit against the drunk driver, you could recover compensation for accident-related expenses and losses like:
- Costs to repair your vehicle or reimbursement for the cash value of your vehicle if it was totaled in the accident
- Costs of treatment and rehabilitation for your injuries, including hospital care, surgeries, prescriptions, doctor’s appointments, physical/occupational therapy, and medical or mobility equipment
- Costs of long-term care needs, such as home health services or home renovations to accommodate permanent disabilities
- Loss of wages or income and loss of future earning ability due to taking time off work or due to permanent disability
- Pain and suffering, including loss of enjoyment and quality of life
In a lawsuit against a drunk driver, you may also be awarded punitive damages by a jury. Punitive damages do not compensate you for a loss you incurred due to the accident, but instead are intended to punish the drunk driver for especially reckless or egregious behavior. Punitive damages are rarely awarded but may be justified given the extreme recklessness of drunk driving.
Options for obtaining financial recovery after an accident include:
- Filing a claim with the drunk driver’s insurance policy
- Filing a lawsuit directly against the drunk driver
- Suing a bar or restaurant pursuant to dram shop laws if they overserved the intoxicated driver
- Seeking coverage under your own insurance if you have purchased certain coverages such as MedPay, uninsured/underinsured motorist covergae, or personal health insurance
Contact a Drunk Driving Accident Lawyer to Learn More about Your Rights
If a drunk driver injured you in an auto accident, you have the right to demand compensation for the injuries and property damage you suffered in the crash. Contact Brauns Law Accident Injury Lawyers, PC for a free, no-obligation claim review with a Duluth drunk driving accident lawyer.
