If you were injured in a car accident in which a drunk driver was involved, it is understandable to assume that if the driver did not face criminal charges, then there is nothing to be done. This is false. Depending on the situation, you could still sue the driver in a civil court. This could not only help you recover compensation for your damages but help ensure that the at-fault party was held accountable.
We suggest you keep reading to get the details, or you can contact Law Offices of Fernando D. Vargas at 909-982-0707 to request a free legal consultation with an attorney.
We Must Show That the Accident Was Caused by Drinking or Drug Use
If the driver in question ran a red light and that led to the accident, then you do not necessarily need to prove that the driver was under the influence of drugs or alcohol to win our case. However, you could be eligible to recover additional damages if we can prove that they were under the influence of drugs or alcohol and that the accident was a result of that.
The Defendant Does Not Need to Be Convicted in a Court of Law
It might seem that if the at-fault party was not found guilty in a court of law that they will not be found at fault in a civil case. However, there are different burdens of proof in civil and criminal cases. To be found guilty in a criminal court, a person must be found guilty beyond a reasonable doubt.
To be found liable for damages in a civil case, the at-fault party need only be found “guilty” based on a preponderance of the evidence. In short, this means that the court must determine that it is more likely than not that the person in question was negligent and that their negligence caused the accident and injuries.
It is Helpful if the Defendant is Convicted of a DUI
While it is not necessary to win a civil case, it can be very helpful if the defendant is first convicted of a DUI. Why? Because this conviction is enough to prove that the defendant was negligent per se, which makes them negligent for the accident. This is true even if they do not go to jail and even if they plead to a “lesser” offense such as a dry reckless.
Call Today for a Free Legal Consultation with an Experienced Personal Injury Attorney
The first is that no two cases are identical. If you have been injured and require the help of a personal injury attorney, we strongly recommend that you contact Law Offices of Fernando D. Vargas at 909-982-0707. We will provide a free legal consultation to determine whether or not you have a case. Call now, and we can get started right away.
