Drunk Driving Accidents & Related Lawsuits
A drunk driving accident is a traumatic experience that can leave you with serious injuries, emotional distress, and significant financial burdens. Understanding your legal rights is a critical first step toward recovery and securing the compensation you deserve.
Criminal vs. Civil Cases
A drunk driving accident sets in motion two distinct legal processes that run concurrently but have different objectives:
- The Criminal Case: This is brought by the state against the drunk driver for violating the law. A prosecutor will charge the driver with a crime, such as Driving Under the Influence (DUI) or Driving While Intoxicated (DWI). A conviction can lead to penalties like fines, jail time, and a driver's license suspension. While a criminal conviction can be a powerful piece of evidence in your civil case, its primary purpose is to punish the offender, not to compensate you for your losses.
- The Civil Claim: This is a separate legal action that you can initiate against the drunk driver to recover financial compensation for your damages. The goal of a civil lawsuit is to make you "whole" again by providing monetary relief for your losses. You can pursue a civil claim even if the driver is not convicted in their criminal case. The burden of proof is lower in a civil case ("preponderance of the evidence") than in a criminal case ("beyond a reasonable doubt").
Sources of Compensation for Your Injuries
Several avenues may be available to you for recovering compensation:
- The Drunk Driver's Insurance: The at-fault driver's auto insurance policy is the most common source of compensation. However, the amount you can receive is capped by the policy's limits.
- Your Own Insurance Policy: If the drunk driver is uninsured or their insurance coverage is insufficient to cover all your damages, you may be able to file a claim under your own Uninsured/Underinsured Motorist (UM/UIM) coverage, if you have this type of protection.
- "Dram Shop" and Social Host Liability: In many states, you may be able to hold a third party responsible for your injuries.
- Dram Shop Laws: These laws often hold businesses like bars, restaurants, and liquor stores liable if they served or sold alcohol to a visibly intoxicated or underage person who then caused an accident. The specifics of these laws vary significantly from state to state.
- Social Host Liability: Some states also have laws that can hold a social host liable for injuries caused by an intoxicated guest to whom they served alcohol at a private gathering. These laws also differ widely by jurisdiction.
Available Types of Damages
In a successful civil claim, you may be entitled to recover a range of damages, which are typically categorized as follows:
- Economic Damages: These are tangible and quantifiable financial losses, including:
- Medical Expenses: All costs associated with your treatment, from emergency care and hospitalization to rehabilitation, future medical needs, and medication.
- Lost Wages and Earning Capacity: Compensation for the income you've lost and may lose in the future due to your injuries affecting your ability to work.
- Property Damage: The cost of repairing or replacing your vehicle and any other personal items damaged in the accident.
- Non-Economic Damages: These are intangible losses that can include:
- Pain and Suffering: The physical pain and discomfort you have endured.
- Emotional Distress: This can cover conditions like anxiety, depression, fear, and post-traumatic stress disorder (PTSD).
- Loss of Enjoyment of Life: Your diminished ability to participate in hobbies, recreational activities, and other aspects of life that are important to you.
- Disfigurement and Permanent Impairment: Scarring, permanent physical limitations, or other lasting changes to your body.
In cases of egregious misconduct, many states allow for awards of punitive damages. These are not meant to compensate you for your losses but are intended to punish the drunk driver for their reckless behavior and to deter others from similar actions.
The Statute of Limitations
Every state has a statute of limitations, which is a strict deadline for filing a personal injury lawsuit. This time frame varies by state. If you fail to file your lawsuit within this period, you will almost certainly lose your right to seek compensation. It is crucial to be aware of the specific statute of limitations in the state where the accident occurred.
Steps to Protect Your Legal Rights
The actions you take in the immediate aftermath of a drunk driving accident can significantly affect the outcome of your legal claim. Here are vital steps to follow:
- Prioritize Your Health: Seek immediate medical attention, even if you don't feel seriously injured. Some injuries have delayed symptoms, and a medical record is vital evidence.
- Contact Law Enforcement: A police report will document the accident scene and may include the officer's observations about the other driver's intoxication, which can be invaluable.
- Gather Evidence: If you are able, take photos and videos of the accident scene, including vehicle damage, your injuries, and any relevant road conditions. Obtain the names and contact information of any witnesses.
- Be Cautious With Insurance Companies: Avoid giving a recorded statement to the at-fault driver's insurance company without first consulting with an attorney. Their goal is often to minimize the amount they have to pay.
- Preserve All Documentation: Keep a detailed file of all medical bills, receipts, pay stubs, and any other documents related to the accident and your injuries.
- Consult With an Experienced Personal Injury Attorney: An attorney can handle all the logistical and legal nuances of a claim or lawsuit on your behalf, allowing you to focus on your physical and emotional recovery.
