Drunk driving is a criminal offense, of course, but it’s also a civil matter. In legal terms, drunk driving is a breach of a driver’s expected care of duty. Drivers who injure others as a result of being intoxicated or under the influence of drugs behind the wheel, may find themselves facing not only criminal charges, but a civil lawsuit. If you have been injured by a drunk driver in a serious accident, you may have the right to proceed with an injury suit. Even if an intoxicated driver is not ultimately convicted, they can still be held liable in civil court.
After a drunk driving accident, the victim files a claim with the other driver’s insurance company. This is the first step in recovering financial damages for their medical bills, lost income, and pain and suffering. If negotiations don’t lead to a fair settlement offer, the case may proceed to court. This isn’t a victim’s only option for recovering damages, however.
The Compensation You Deserve
If the maximum allowable compensation coming from the defendant’s insurance carrier isn’t enough to address the costs of an accident, victims may have the option of filing a claim with their own insurance company under the uninsured/underinsured motorist clause, if applicable. In some cases victims can proceed with legal action against a driver directly.