Why Drunk Driving Accidents And Personal Injury Claims Are Unique

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Any type of accident can cause devastation and long-lasting problems for victims. It can be particularly upsettingwhen the other driver involved in your wreck was also drinking and driving. When the other driver ends up being arrested for driving under the influence (DUI), your accident claim may have some unique elements. Read on to find out more.

Was the Drunk Driver at Fault?

One of the most important factors of a car accident is fault. The driver who is determined to be at-fault for the wreck is the one who must pay the expenses of the victim (at least, in most states). Fault is usually determined using several factors, such as:

  • Eye-witness statements.
  • Vehicle damage and where on the vehicle the damage is located.
  • Skid marks on the pavement at the scene.
  • Damage to roadside objects like signs.
  • Video recordings.

Drunk drivers cause accidents every day but alcohol is not always a factor in a wreck. Fault must be determined using evidence and proof of intoxication is only one aspect of that evidence. For example, another vehicle could have struck the car and caused the drunk driver to then strike you. The drunk driver may be charged with DUI but fault may be shared between more than one driver in the wreck. It's safe to say that drunk drivers do cause many accidents, however, and that aspect of your case should never be ignored.

Criminal Charges and Civil Cases

If the driver that caused your wreck was also arrested for DUI, you may have a stronger case than usual. The presence of a DUI arrest can serve as compelling additional proof of fault. While DUI cases are litigated in criminal court and your accident case uses civil law, your personal injury lawyer will take a keen interest in the outcome of the DUI case. When it comes to civil court, some accident victims might be awarded punitive damages in addition to other compensation. Punitive damages are up to the judge and are awarded when the verdict is handed down. In many cases, punitive damages are several times what the jury awarded for medical expenses, pain and suffering, lost wages, and more. As you might have guessed, punitive damages are meant to punish a defendant who not only caused harm, but did so purposefully. When the driver used alcohol and drove a car, they made a choice.

To find out more about dealing with a drunk driving personal injury case, speak to a personal injury attorney today.


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