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Driving under the influence of alcohol is a negligent action with foreseeable consequences, so if the driver who hit you received a DUI charge, it can make winning your case a lot easier. Winning a personal injury case requires proving that the other party involved was negligent and that their negligence caused the car accident. That said, plaintiffs may have trouble collecting damages from the at-fault driver if the at-fault driver’s insurer decides to void the policy.
A drunk driving accident is a classic example of a personal injury caused by negligent actions and irresponsible choices. If you’re the victim, talk to our Port St. Lucie personal injury attorney about your options for pursuing fair compensation.
How exactly does a DUI affect a personal injury claim?
DUI convictions make it much easier for car accident lawyers to prove their cases. Civil cases require proof that the at-fault driver had a duty of care for the safety of others on the road, but made negligent choices or engaged in reckless behavior that injured another person.
Virtually all drivers in Florida have been made aware of the dangers of driving under the influence of drugs or alcohol. It’s a shaky argument to claim that a drunk driver did not know that drinking and driving was negligent. A DUI charge or conviction is strong evidence of negligence.
Insurance companies have specific language in their policies that voids the policy if the driver causes a drunk driving accident, though. This could mean trouble if you’re pursuing a claim, since it’s usually the at-fault driver’s insurance that pays the claim. Some plaintiffs may find that the carrier refuses to pay damages because their customer (the drunk driver) violated the terms of the policy.
If this happens, the plaintiff may be in the position of having to go after the defendant’s personal assets to secure the damages.
What’s the difference between the criminal DUI case and your civil case?
A criminal DUI case is filed by the state against the intoxicated driver for breaking the state law for driving under the influence. Once the police are involved, the consequences the drunk driver faces are beyond your control, as these cases are handled in criminal court.
A personal injury claim is a civil matter, handled in civil court. It’s initiated by the injured party, not the police. Instead of punishing wrongdoing, as in a criminal case, civil cases aim to make the victim whole by restoring them to their financial status before the accident.
Consequences in criminal cases include loss of freedom and making restitution; consequences in civil matters involve paying money to compensate the injured party.
Does a DUI conviction make your case easier to prove?
Yes, along with police reports and the defendant’s breathalyzer or blood test results, presenting the defendant’s DUI conviction in settlement negotiations or at trial can easily tip the claim in your favor.
Can you recover punitive damages from a drunk driver in Florida?
Punitive damages are awarded at trial in cases where the defendant exhibited gross negligence. Drunk driving is often considered gross negligence and exceedingly reckless, and so grounds for a jury to award punitive damages.
Hold a drunk driver accountable with Lytal, Reiter, Smith, Ivey & Fronrath
Our firm takes a firm stance against the dangers of drunk driving, and we’re here to help injured people like you and their families recover from the accident and move forward. As your Port St. Lucie personal injury attorney, we pursue justice on your behalf in the civil courts. Contact Lytal, Reiter, Smith, Ivey, & Fronrath today at (561) 655-1990 for a free consultation.