Every state has laws against driving under the influence. These actions can lead to criminal charges, including possible fines, jail terms, suspension of driver’s license, and other similar consequences. Many people are unaware that civil cases can also be brought against those responsible for these acts.
A person may sue the offender if they are injured by drunken driving. It is not required that the criminal case be resolved with a positive verdict. Only the victim must prove that the driver caused the accident.
Civil action may be taken against the vehicle operator if the passenger or driver has been hurt by someone driving under the influence.
These situations can occur when car or health insurance is unable to recover costs due to medical bills, lost wages, pain and/or suffering, and other similar issues. To ensure that everything is filed with the correct agency and area, it is a good idea to hire a lawyer. In some cases, experienced legal representation might be the best way to win.
DUI-Related Car Collisions: Criminal Penalties
DUI charges are often issued by the officer who arrested you for driving under the influence. Many states have a requirement that driver’s license privileges be revoked for a period of six months. This may include a fine. Some states require driver training for substance abuse and counseling in order to educate the victims about the seriousness of these crimes. After these crimes, car insurance companies often cancel policies. These companies can also double or triple the monthly payments. This is because drunk drivers pose a risk to businesses.
Drivers who are not facing a DUI offense for the first time may face severe penalties based on their state. Some states have policies that make it possible to face harsher penalties for third and fourth DUI charges. These can often include years in prison. Additional charges can be added to the DUI charge, including reckless driving, endangered driving and assault in certain circumstances. If death occurs, homicide may be the most serious. Additional charges may be added to the DUI charge if an injury is caused by these actions. These violations are more frequent or more common and the state where they are committed may impose harsher penalties, which could result in the driver spending a long time behind bars.
DUI-Related Car Collisions: Civil Penalties
Although jail and prison sentences are not part the civil case process there are severe penalties that can be imposed depending on the case and other factors. These proceedings still include the premium payments and car insurance concerns. This often includes suspension of driver’s license. It is almost always a winnable case when someone is hit by a drunk driver, and has suffered injuries. The victim’s damages will be covered by the driver’s insurance policy. This is in addition to what the person would have paid if they had not been impaired while driving. The driver who caused the accident under the influence of alcohol should pay penalties if the insurance company is unable to pay all the compensation. If the person is able to pay the compensation payout, this is possible.
The Case is settled
An injured person might seek additional damages if he or she believes the driver has enough money to support the victim. In this case, the driver’s insurance company may reject a settlement. This could be the worst option in certain situations. Negotiations with lawyers and insurers based on state policies and other factors may lead to a settlement. Other settlements can be reached through the payment of the drunk driver.
Negotiation and legal counsel
A lawyer is recommended to help with civil personal injury cases against drunk drivers. The person might conduct an asset check on the driver to determine how much money they are able to spend to help the injured party. A court case can be filed if a settlement is not reached. To be successful in claims that go beyond the driver’s insurance coverage, the driver must pay a monetary settlement above the amount the carrier can allocate.