WHO IS LIABLE FOR A DRUNK DRIVING ACCIDENT?

Whenever you choose to get behind the wheel, you accept that you owe a duty of care to everyone else on the road, including other drivers, their passengers, bicyclists, and pedestrians. You honor this duty of care by following traffic rules, such as signaling when turning and stopping at stop signs and stoplights.

A driver violates this duty of care when they violate traffic laws or otherwise behave recklessly. Because driving while under the influence of drugs or alcohol is against the law in all 50 states, drunk driving is automatically considered a violation of the duty of care – in other words, it almost always represents some level of negligence.

If a drunk driver causes a car, truck, or motorcycle accident, they tend to be liable for the injuries they cause. In some states, dram shop laws allow you to potentially hold a bar or restaurant accountable if they served the motorist when it was clear they were overly intoxicated.

You may be wondering if a drunk driver is always liable for accident-related injuries, especially if you may have been partially responsible for causing a collision. Drunk drivers are not automatically exclusively liable, meaning you could still be found to be partially at fault if your violating a traffic rule or reckless driving caused a collision with a driver who happened to be intoxicated. Some states still allow you to recover some compensation in these scenarios, while others prevent any recovery if you share any blame. Our drunk driving accident attorneys can evaluate your circumstances and advise whether you have a strong claim.

CAN I TAKE CIVIL LEGAL ACTION AGAINST A DRUNK DRIVER IF THERE ARE CRIMINAL CHARGES?

In many cases involving drunk driving, the intoxicated motorist will be arrested by the police and charged with one or more crimes. If there is considerable evidence (such as a chemical test that proves intoxication) against the driver, the state’s attorney general will likely elect to prosecute.

These criminal proceedings in no way impact your ability to get compensation for drunk driving accident-related injuries. The civil and criminal legal systems operate independently of one another, so you can bring a lawsuit even if criminal charges have (or have not) been filed. The standards are proof differ between criminal and civil matters, so a criminal conviction does not guarantee a successful outcome in a civil case (and vice versa).

WHAT DAMAGES CAN I RECOVER IN A DRUNK DRIVING ACCIDENT LAWSUIT?

Obtaining damages from a drunk driver will typically require working with their insurance provider, who will make every effort to minimize what you receive. If it becomes clear that a lawsuit will be necessary to get what you are entitled to, you will need to file before your state’s statute of limitations expires. The extent of the time limit will vary by your state but is tied to the day the accident occurred. You cannot recover compensation if you miss this deadline, so speak to a legal professional promptly after an accident.

Many drunk driving accidents tragically result in victims sustaining fatal injuries. In these heartbreaking situations, qualifying survivors of the deceased will get additional time from the date of the victim’s passing to file a wrongful death lawsuit against the intoxicated driver.

Our drunk driving accident lawyers will fight to secure compensation for monetary and non-monetary losses, including:

• Medical expenses
• Lost wages
• Pain and suffering
• Loss of consortium
• Property damages
• Lost earning potential
• Disfigurement
• Loss of enjoyment of life

In preparing your case, our team at Potts Law Firm will work with the district attorney’s office to obtain relevant arrest reports, chemical test results, field sobriety test videos, arrest videos, criminal “mug” shots, and other elements that stand to strengthen your claim. We also handle drunk driving claims on a contingency basis, meaning you will pay nothing upfront. You will only owe legal fees if we win.