Drunk Driving Accidents & Related Lawsuits
Operating a motor vehicle with a blood alcohol content (BAC) of 0.08% or higher is considered driving under the influence or driving while intoxicated in most jurisdictions. This is generally treated as a criminal offense. Commercial drivers commonly have stricter limits, such as 0.04%. Drivers under the legal drinking age of 21 often face zero-tolerance rules, under which any measurable amount of alcohol can result in a charge. Even drivers below these BAC thresholds may still be found impaired if their ability to safely operate a vehicle is diminished in any way. Drunk driving may result not only in criminal charges but also in civil liability to anyone who was injured as a result.
First Steps After an Accident
The priority after any collision is to ensure the safety of everyone involved. If possible and if it is safe to do so, vehicles should be moved out of traffic. Seeking medical attention for any injuries is critical, since some symptoms may not be immediately apparent. Contacting the police allows for an official accident report, which can be vital evidence in both criminal and civil matters. Informing officers of a suspicion that the other driver is intoxicated gives them the opportunity to conduct necessary tests or gather appropriate observations. If circumstances allow, gathering contact information from witnesses and taking photographs of the vehicles and surrounding area can help preserve evidence. Promptly notifying one’s insurance provider is also important, since many policies have specific requirements for reporting accidents.
Criminal Proceedings vs. Civil Lawsuits
Drunk driving accidents frequently lead to two distinct legal tracks: a criminal case and a civil lawsuit. Prosecutors handle the criminal case, where they must prove the driver’s guilt beyond a reasonable doubt. Common criminal punishments can include fines, license suspension, and incarceration. A civil lawsuit is separate and is filed by the injured person against the driver who caused the accident. In a civil action, the standard of proof is typically the preponderance of the evidence, meaning the plaintiff must establish that it is more likely than not that the defendant’s impaired driving caused the injuries. A driver can be acquitted of criminal charges yet still be found liable for damages in civil court.
Comparative and Contributory Negligence
States apply legal doctrines of comparative or contributory negligence, which assess whether the injured person’s own actions contributed to the collision. In a comparative negligence state, the court may reduce an injured person’s recovery by the percentage of fault attributed to them. In states following contributory negligence rules, any degree of a plaintiff’s fault might bar recovery altogether. These approaches vary widely by jurisdiction, and the rules can significantly affect the outcome of a case.
Dram Shop and Social Host Liability
In some states, liability for a drunk driving accident may be extended to parties who furnished alcohol to the intoxicated driver. Under dram shop laws, bars, restaurants, or commercial vendors often can be held financially responsible if they served alcohol to a visibly impaired or underage patron who subsequently caused an accident. Some jurisdictions also recognize social host liability, potentially making private individuals who host parties accountable if they provide alcohol to a minor or obviously intoxicated guest who then drives and injures others. These additional sources of liability can be particularly important if the drunk driver lacks sufficient coverage or personal assets.
Compensatory Damages
Victims in civil cases may seek compensatory damages intended to make them whole for the harm they have suffered. Economic damages include medical expenses, rehabilitation costs, lost wages, reduced earning capacity, and any other tangible financial losses. Non-economic damages cover more subjective harms, such as physical pain, emotional distress, and diminished enjoyment of life. The specific amount awarded can depend on the severity of the injuries, the jurisdiction’s laws, and the facts of the case.
Punitive Damages
Courts may award punitive damages in addition to compensatory damages when the defendant’s conduct was especially reckless or malicious. Drunk driving with a very high BAC, repeated DUI convictions, or extremely dangerous behavior can support an argument that punitive damages are warranted. These awards serve as punishment that goes beyond mere compensation and act as a deterrent to the defendant and the public at large.
Wrongful Death Claims
If a drunk driving accident results in a fatality, certain surviving family members may be entitled to receive damages through a wrongful death claim. The damages awarded in these cases aim to address both economic and non-economic harms that the death has caused to the family. States have varying rules for who can file this type of claim, who can receive damages, the types of damages that are available, and how long you have to file.
