Few incidents are as devastating and preventable as car accidents caused by drivers under the influence of alcohol or drugs (DUI/DWI). These collisions often result in severe injuries, fatalities, and legal complexities that necessitate a thorough understanding of both criminal and civil law.
The legal team at Marsh | Rickard | Bryan, LLC, has collectively handled numerous personal injury claims arising from intoxicated driving. They’re sharing experienced insight into the legal implications of DUI/DWI-related car accidents and explaining victims’ rights and avenues for recourse.
Criminal And Civil Liability
When a driver operates a vehicle while impaired by alcohol or drugs, they not only violate criminal statutes but also endanger others on the road. In cases where a DUI/DWI results in a car accident and injuries to others, the driver may face criminal charges brought by the state.
Beyond the criminal penalties assessed on someone who was drinking and driving, injured parties and their families can pursue civil claims against the impaired driver for compensation for damages such as medical expenses, lost wages, pain and suffering, and in tragic cases, wrongful death.
Establishing Liability
In a civil lawsuit stemming from a DUI/DWI-related car accident, proving liability is pivotal. The injured party (plaintiff) must demonstrate that the impaired driver (defendant) breached their duty of care by choosing to drive while intoxicated, which directly caused the accident and resulting injuries. Evidence crucial to proving liability may include police reports, witness statements, medical records, and the impaired driver’s blood alcohol concentration (BAC) at the time of the accident.
Potential Damages And Compensation
Victims of DUI/DWI-related car accidents may be entitled to various forms of compensation, depending on the severity of their injuries and the circumstances of the accident. Damages typically sought in these cases include:
- Medical Expenses: Coverage for current and future medical treatments related to accident injuries.
- Lost Wages: Compensation for income lost due to inability to work during recovery.
- Pain and Suffering: Non-economic damages to address physical pain, emotional distress, and diminished quality of life.
- Punitive Damages: In some states, punitive damages may be awarded to punish the defendant for wantonness or recklessness.
Facing the legal aftermath of a DUI/DWI-related car accident requires legal knowledge and familiarity with both personal injury and criminal law. Challenges may include dealing with insurance companies, addressing potential comparative negligence arguments, and ensuring compliance with statutory deadlines for filing claims.
DUI/DWI-related car accidents represent an important intersection of criminal misconduct and civil liability. Victims and their families face profound physical, emotional, and financial challenges in the aftermath. By understanding their legal rights and seeking the insight of an experienced car accident lawyer, victims can pursue justice and receive the compensation they deserve. If you or a loved one has been injured in a DUI/DWI-related car accident, an attorney can help you learn more about your rights and legal options.