Drunk driving accidents can cause serious harm to victims, which is why victims and their families need to be familiar with the legal protections available to them. It is important for individuals responsible for driving drunk to be held liable for the physical, financial and emotional damages they cause to victims because of their negligence.
Impaired drivers responsible for causing drunk driving accidents may face both criminal and civil liability. Drunk drivers may be accountable to victims they injure through a personal injury claim for damages which is intended to cover their losses associated with medical bills, lost wages and pain and suffering emotional damages. An arrest for drunk driving may be used as evidence of negligence in a personal injury claim for damages against the drunk driver and the driver’s blood alcohol content level may also be used to establish negligence.
The victim of a drunk driving accident may be able to bring a personal injury claim for damages against the drunk driver. As part of their personal injury claim for damages, the victim or victim’s family in wrongful death circumstances will need to establish the intoxication level of the drunk driver, establish that the driver’s blood alcohol content level and that it was too high to safely operate a vehicle and that the driver failed to exercise reasonable care for the safety of the public. Typically, a police report and the statements of witnesses will be used to prove the victim’s claim and driver’s negligence.
A personal injury claim for damages is a valuable resource for victims unexpectedly injured in a car accident by a negligent or drunk driver. Victims of drunk drivers, and their families, need to be familiar with these legal resources and how they can protect them.