Suing a drunk driver

A civil suit for drunk driving is a separate -- and distinct -- process from any criminal proceedings a drunk driver may face. Criminal proceedings are designed to protect the public from future harm by acting as a deterrent to drunk driving, as well as to punish the drunk driver for acting in a reckless manner. A drunk driver can face criminal prosecution even if there is no accident or injury involved.

A civil case based on drunk driving comes in the form of an injury lawsuit filed by the victim of a drunk driver, or in the case of a fatality, filed by the victim's next of kin, to recover damages. If you are injured by a drunk driver, a civil suit could be your only recourse when attempting to recover the costs of medical treatment, lost wages, damaged property or other economic damages.

Civil suits, depending upon the law of your jurisdiction, also may offer the opportunity to recover non-economic damages, i. No-fault laws have a direct effect on your ability to file a civil suit against a drunk driver. If you live in a no-fault state, it is likely that a threshold is in place barring suits for auto accidents unless injuries are of a certain statutory severity or your damages exceed a certain statutorily mandated dollar amount.

The effect of no-fault laws on civil suits against drunk driving is constantly debated in no-fault states.

Unlike in pure negligence states, drunk drivers in no-fault states are not automatically subject to civil liability. Even though a drunk driver has clearly injured you through a negligent act, no-fault laws still require a threshold be met before a suit can go forward. Laws vary from state to state regarding exceptions or variations on this rule. Blood Alcohol Level in California Most drivers in California do not realize that the legal limits for alcohol are very low.

Drunk Driving and Auto Accidents Each year, thousands of Californians are seriously injured in alcohol or drug-related car accidents. About the author. Barry Goldberg. Related posts. October 19, What was in my Personal Injury Retainer Agreement? September 8, Torrence St. Other office locations listed on our website are satellite offices that are not staffed daily. Satellite offices are operated for the convenience of our clients and who live outside of the Charlotte, NC metro area and are unable to meet with us at our principal office location.

All meetings at our satellite offices must be made by appointment only. Phone numbers for satellite offices forward to our principle office location in Charlotte, NC. Call Today: Menu Menu. Punitive Damages The victim of a DUI accident may also pursue and recover for punitive damages if the at fault driver is convicted of driving while impaired.

Vehicle accidents can be costly, especially when injuries are involved. If you are injured, you may be able to sue a drunk driver and receive compensation for: Medical expenses for treatment, therapy, or in-home health care Medical supplies Income losses, including wages and earning capacity Pain and suffering, particularly for a serious bodily injury Property damage Funeral expenses Punitive Damages If the drunk driver did not have car insurance or has an auto policy that cannot cover the cost of your injuries, you may be able to receive compensation from your own car insurer if you have uninsured or underinsured motorist coverage as part of your auto insurance policy.

What Our Clients Say. The specific punishments in Missouri and Kansas and all states may be different, but it is a crime to drive drunk in both states. In terms of tort law, Missouri and Kansas treat the liability for injuring someone by drunk driving differently in some respects. Here are two examples:. Even if a drunk driver is not charged with a crime for drunk driving, you may nevertheless sue the drunk driver for damages if you were injured because they struck you while they were driving.

The criminal and civil processes are treated separately. For a drunk driver to be liable for your damages, you must prove that they were negligent, as described above. To prove a drunk driver was negligent, you must prove that:. If you are struck by a drunk driver and are injured, the Dram Shop laws allow you to sue the drunk driver, as well as any other defendants like a bar, nightclub, or restaurant that may have provided alcohol to their patron who was visibly drunk, or to a patron who is under Kansas is one of the few states that does not enforce Dram Shop laws.

Under this law, if someone serves alcohol at their private residence or, for example, at a work function, to someone who is visibly intoxicated or under 18 years old and that person subsequently injures you while driving drunk, the host who served the alcohol could be liable. The punishment is up to one year in jail. We will use every resource available to identify all of the parties who are liable under the law in your state and hold them responsible.

You deserve to be compensated and we will see that you are compensated fully by everyone who caused you to suffer damages.