If you have suffered injuries in an accident caused by a drunk driver, you have the legal right to file a personal injury lawsuit. Driving under the influence is not only a criminal offense, but it is also a clear act of negligence that can form the basis of a strong civil case. If you sue a drunk driver, a settlement or verdict in your favor can provide compensation for your accident-related personal and financial losses.
What Compensation Can I Recover in a Drunk Driving Accident Lawsuit?
Compensation for a drunk driving accident can include the following:- Current and future medical expenses
- Current and future lost wages
- Pain and suffering
- Emotional distress
- Property damage
How DUI Charges Affect Your Personal Injury Claim
It is important to understand that criminal charges and civil lawsuits are separate legal matters. While a DUI charge or conviction could support a car accident injury claim, criminal proceedings are not required for you to sue the drunk driver in civil court. Even if the driver avoids a criminal conviction, you can still hold them civilly liable in a DUI accident lawsuit. The burden of proof is lower in civil court than it is in criminal court. While prosecutors must prove a drunk driver’s guilt beyond a reasonable doubt, you only need to show by a preponderance of the evidence in a civil lawsuit that it is more likely than not that the accident was the drunk driver’s fault.Proving Liability in a Missouri Drunk Driving Crash
Proving drunk driver liability requires substantial evidence. Some examples of evidence that could be useful in a drunk driving car accident claim include the following:- Police reports
- Blood alcohol content (BAC) results
- Arrest records and DUI citations
- Eyewitness statements
- Surveillance and dashcam videos
- Medical and financial records
- Expert testimony