Click Here for Free Consultation

Criminal DUI Charges Can Equal Civil Suit Trouble

From a legal perspective, when people think of drivers who drive under the influence of alcohol and/or drugs, the first thing they tend to associate with the accident are the criminal implications. But did you know that there may also be a civil aspect to DUIs and DWIs? If you’ve injured someone or been injured in a car accident as a result of drunk and/or impaired driving, a civil suit may occur in addition to the criminal process. Hiring a car accident lawyer may be helpful.  

Civil vs. Criminal: Does One Necessarily Cancel Out the Other?

A criminal case and a civil case are two completely different entities — they are often handled in different courts of law, and going through one does not mean that you won’t go through the other. So, if you’ve injured someone or been injured in an accident as a result of driving under the influence of drugs and/or alcohol, and the at-fault party has been prosecuted for the crime of DWI/DUI, that does not necessarily preclude the victim from suing him/her on a civil level for the damages caused as a result of the accident.

Remember the No-Fault Issue

If the state the accident occurred in is a so-called “no-fault” state, there may be some issues with filing a civil case against a drunk driver that caused a victim’s injuries. In no-fault states, civil cases may not be able to be brought against a drunk driver unless the damages and/or injuries exceed a certain amount. If the injuries and/or damages sustained don’t cross that threshold, a victim may need to file a claim against their own insurance company.

Is There a Pure Negligence Case?

In some states, the issue of “pure negligence” comes into play. Unlike no-fault states, states that have “pure negligence” laws don’t have a threshold to cross when it comes to suing drunk/intoxicated drivers who caused another’s injuries and/or property damage in an accident. Therefore, civil suits are accepted against the at-fault driver. The victim or plaintiff will have to prove their case by what’s called a preponderance of evidence (in other words, showing that they have more proof than not that the injuries in question were caused by the drunk driver).  

What Sort of Damages Can Be Recovered?

As with any other personal injury case, the victim can recover a variety of damages from the at-fault party in an accident, especially if the at-fault party was intoxicated and/or otherwise driving while impaired or under the influence. These may include: medical bills, lost wages, and punitive (pain and suffering) damages.

No two cases are the same. So if you’ve been involved in an accident that involved intoxicated driving, don’t neglect to contact counsel to represent you on the civil side of the law as well.  Often, a personal injury lawyer can help provide you with good advice.

__________________

la-personal-injury-lawyersThanks to our friends at Los Angeles Personal Injury Lawyers for their insight into civil cases related to DUI/DWI criminal charges.

Comparison Questions to Ask When Hiring a Lawyer

Request a Free Consultation

Fill out the form below to recieve a free and confidential intial consultation.

Click here for important legal disclaimer.

    CURRENT/PAST ASSOCIATIONS & AWARDS


    10.0 Superb Rating AVVO Criminal Defense

    10.0 Superb Rating
    AVVO Criminal Defense

    AV-Highest Rated Preeminent Lawyers Martindale-Hubbell

    AV-Highest Rated Preeminent Lawyers
    Martindale-Hubbell


    Life Member
    National Association of Criminal Defense Lawyers

    Super Lawyer Criminal & DUI Defense

    Super Lawyer
    Criminal & DUI Defense

    Ranking Arizona

    Voted #1 (2020)
    Ranking Arizona

    Nation's Top 1% Attorney National Association of Distinguished Counsel

    Top 1% Attorney
    National Association of Distinguished Counsel

    Top 100 Trial Lawyers (Criminal Defense) American Trial Lawyers Association

    Top 100 Trial Lawyers
    (Criminal Defense)

    American Trial Lawyers Association

    Top 10 DUI/DWI Law Firm American Institute of DUI / DWI Attorneys

    Top 10 DUI/DWI Law Firm
    American Institute of DUI / DWI Attorneys

    Client Satisfaction Award American Institute of DUI / DWI Attorneys

    Client Satisfaction Award
    American Institute of DUI / DWI Attorneys

    Top 100 Lawyer American Society of Legal Advocates

    Top 100 Lawyer
    American Society of Legal Advocates

    Member National College for DUI Defense

    Member
    National College for DUI Defense

    Top 10 Attorney National Academy of Criminal Defense Attorneys

    Top 10 Attorney
    National Academy of Criminal Defense Attorneys

    Charter Member Trial Masters

    Charter Member
    Trial Masters

    Member DUI Defense Lawyers Association

    Member
    DUI Defense Lawyers Association

    Lifetime Charter Member Best Attorneys of America

    Lifetime Member
    Best Attorneys of America

    Member American Bar Foundation

    Member
    American Bar Foundation

    Sustaining Member Arizona Trial Lawyers Association

    Sustaining Member
    Arizona Trial Lawyers Association

    America's Top 100 Criminal Defense Attorneys

    Member
    America's Top 100 Criminal Defense Attorneys

    Member American Association for Justice

    Member
    American Association for Justice

    Life Member Arizona Attorneys for Criminal Justice

    Life Member
    Arizona Attorneys for Criminal Justice

    Superior DUI Attorney National Advocacy for DUI Defense

    Superior DUI Attorney
    National Advocacy for DUI Defense

    Superior DUI Attorney National Advocacy for DUI Defense

    2019 Litigator of the Year
    (Criminal Law)

    American Institute of Trial Lawyers

    Member Since 1989 American Bar Association

    Member Since 1989
    American Bar Association

    DUI Expertise

    Best DUI Lawyers in Phoenix
    Expertise

    Call Now Button