It is natural to believe there is little you can do if you were hurt in a car accident caused by a drunk driver if that individual was not charged with a crime. That is untrue. You might still bring a legal lawsuit against the motorist, depending on the circumstances. By doing this, you might not only ensure that the responsible person was held accountable and that you were compensated for your losses.
To learn more, we advise you to read on. Alternatively, you can call Law Offices of Fernando D. Vargas at 909-982-0707 and ask for a free legal consultation.
We must establish that drinking or drug use contributed to the accident
You do not absolutely need to show that the driver was under the influence of drugs or alcohol to succeed in our case if they ran a red light and that caused the collision. If we can demonstrate that they were under the influence of drugs or alcohol and that this contributed to the accident, you can be qualified to receive additional damages.
It is not necessary for the defendant to be found guilty in court
It can appear that the at-fault party will not be held responsible in a civil action if they were not proven guilty in a court of law. However, the requirements of proof in criminal and civil trials differ. A person must be proven guilty in a criminal court beyond a reasonable doubt.
In a civil action, the at-fault party simply needs to be proven “guilty” based on a preponderance of the evidence to be held accountable for damages. This basically implies that the court must find that there is a high probability that the person in issue was careless and that their carelessness resulted in the accident and the injuries.
It is advantageous if the defendant has a DUI conviction
Although a DUI conviction is not necessary in order to succeed in a civil lawsuit, it can be very beneficial. Why? Due to the fact that this conviction is sufficient evidence of the defendant’s negligence in and of itself, they are responsible for the accident. This is accurate even if they avoid jail time and even if they admit to a “lesser” crime like dry careless.
Call right away for a free legal consultation with a personal injury attorney with experience
The first is that each case is unique. Call Law Offices of Fernando D. Vargas at 909-982-0707 if you have been hurt and need the assistance of a personal injury lawyer. If you would like a free legal evaluation to see if you have a case, please contact us. Call straight away so that we can begin right away.
