If you have been injured in any type of car accident that was the other driver’s fault, you can sue the driver for compensation. This includes drunk driving cases that may potentially be a violation of the law. Criminal penalties for the driver do not make you ineligible for civil compensation for your injuries. Always contact an experienced drunk driving car accident lawyer to deal with the insurance company on your behalf.
How the Civil Legal Process Works in a Drunk Driving Case
The civil and criminal legal processes operate largely independently of each other. They are two separate court cases. A defendant will rarely plead guilty to drunk driving charges because their plea could be used as evidence in a civil case. You would file an independent civil case when you are seeking compensation for injuries from a drunk driving accident. The fact that the driver may be facing criminal penalties does not mean they can avoid the Civil legal process.
How Does a Personal Injury Lawyer Prove a Civil Drunk Driving Case?
You do not necessarily need to prove that a driver was drunk to win your case. You are in a position to receive car accident compensation when you can show that the driver was negligent. The actions that they took because they were under the influence of alcohol could be considered negligence in themselves. For example, a drunk driver may speed, which was the cause of the accident. Speeding would be considered negligence and would entitle you to compensation if you were injured. However, if you can prove that the driver was drunk, it would be per se negligence.
Of course, it may be helpful to prove that the driver was drunk because it would put you in a stronger position when dealing with the insurance company. You cannot assume that law enforcement will cooperate with you and provide you with the evidence you need for your case. Your car accident attorney may need to subpoena the driver’s alcohol testing records for use in your civil case. At the same time, they would also gather the traditional forms of evidence that can be used to win your case, including witness testimony and pictures of the scene of the accident.
What if the Driver Is Acquitted of the Charges?
An acquittal in a criminal case does not automatically mean that the driver is off the hook in a civil case. There are two standards of proof in play. In a criminal case, the prosecutor must prove the defendant’s guilt beyond a reasonable doubt. The standard of proof is lower in a civil case, where your attorney would need to show that the driver is liable by a preponderance of the evidence. Thus, it is possible that the driver may not be convicted, yet they may still owe you money.
Do I Need a Lawyer in a Civil Drunk Driving Case?
Even if liability for the drunk driving car accident is very apparent, you still need an experienced car accident lawyer to represent you as you seek compensation. The insurance company may be more than willing to offer you some money, but it is only a fraction of the total amount you deserve. A car accident attorney can help you learn the value of your case. Then, they could negotiate with the insurance company for you to be fully paid. The fact that you have a car accident attorney on your side shows the insurance company that you are ready and able to sue if necessary. Then, they may be more afraid of facing a jury, and as a result, they may be more reasonable in settlement negotiations.
Contact the Somerset County Car Accident Lawyers at Rebenack Aronow & Mascolo L.L.P.
