Today we’re going to talk about what is involved in a drunk driving accident case. Our law firm handles many types of cases, many of which include drunk driving accident cases. People often ask me what is involved in a a drunk driving accident case. When a drunk driver makes the decision to get behind the wheel of a vehicle and drive while impaired, the resulting consequences can often be catastrophic.
Injuries caused by drunk driving are a very common occurrence in many civil lawsuits. The National Highway Safety Administration says that 15 percent of drivers that were involved in fatal car accidents were under the influence of drugs, alcohol or medication. While the drunk drivers will be facing criminal charges and possibly even jail time, they can also be subject to civil damages if they’re sued by their victim.
A civil action for recovery of damages against a drunk drivers are a separate and distinct action from a criminal action that would be pursued against the drunk driver. Most personal injury lawsuits are based on a theory of negligence, which means that the victim must prove negligence in order to recover damages. However, a drunk driver can be liable under a theory of negligence per se. Negligence per se is a theory that allows the plaintiff to establish a defendant’s negligence by pointing to a violation of a certain statute in addition to the damages that you can recover in a typical negligence case such as medical bills, lost wages, pain and suffering. In most of them you’ll be able to recover punitive damages against the drunk driver. Punitive damages or damages that are issued to punish the wrongdoer for egregious type behavior.
As found on Youtube