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.

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Thanks to our friends at Los Angeles Personal Injury Lawyers for their insight into civil cases related to DUI/DWI criminal charges.