Drunk driving accidents cause severe injuries and life-changing consequences. You can prevent these accidents. However, they happen frequently and inflict physical and emotional damage.
In such cases, you can file a civil lawsuit to recover damages. Therefore, it is important to understand the differences between criminal and civil cases to hold the driver accountable.
A DUI charge typically covers the situations after an accident. However, civil liability can also arise.
Thus, criminal courts prosecute crimes and punish the wrongdoer, while civil courts provide compensation for injuries.
Moreover, it’s crucial to recognize that a criminal conviction does not result in financial recovery for victims.
Understanding the legal process can ensure a fair outcome in your civil action against a drunk driver.
DUI- Criminal Vs. Civil Cases
The legal system comprises two primary categories of courts: criminal and civil courts. It is crucial to note that criminal charges do not necessarily prohibit someone from being subject to a civil lawsuit.
A civil suit can be initiated against an individual without requiring a conviction, even if they are already serving time in jail.
It is worth mentioning that the criminal case has no significant bearing on the civil case, and the outcome is entirely independent of the criminal case’s outcome.
However, attorneys can obtain certain limited information regarding the criminal side from law enforcement officials.
What Is A Criminal Drunk Driving Case?
When it comes to drunk driving, offenders may face charges in both criminal and civil courts. In criminal court, it is the prosecutor’s responsibility to prove guilt beyond a reasonable doubt. If found guilty, offenders may face jail time or fines.
In Louisiana, the penalties for first-time drunk driving offenders are quite severe, including 10 days to 6 months in jail, fines up to $1,000, and a 12-month license suspension.
Penalties become even more severe if the offender’s BAC is .20 or higher at the time of the accident. In cases where repeat offenses or aggravating factors are present, criminal penalties increase.
For instance, second-time offenders face larger minimum penalties like the following:
- 15 days in jail.
- 240 hours of community service.
- Substantial fines.
- Mandatory participation in a court-approved substance abuse program.
However, third-time convictions carry a minimum of $2000 in fines and a minimum of one year in prison.
Hit And Run With DUI
Getting caught driving under the influence can lead to serious consequences, including felony charges and up to a year of imprisonment.
Drivers who are under the influence of alcohol or drugs often fear the consequences of a DUI arrest. Therefore, they often flee the scene of an accident.
However, leaving the scene of an accident can result in hit-and-run charges, which can compound the legal issues of a DUI arrest.
In other words, when an individual gets arrested for both DUI and hit-and-run, they could face doubly severe penalties.
Being involved in an accident caused by a drunk driver can devastate both the police and innocent drivers who are injured in the crash.
Therefore, if you find yourself in this situation, it is important to seek the help of an experienced attorney who specializes in drunk driving accidents. A Myrtle Accident Attorney can help you seek compensation for your injuries.
However, it is critical to understand how drunk drivers weigh DUI and hit-and-run charges. This is because such charges can affect the potential penalties for each crime.
By seeking legal assistance, you can ensure that you protect your legal rights and receive the compensation you deserve.
What Is The Process For Filing A Criminal Lawsuit Against A Drunk Driver?
When dealing with a drunk driver’s injury case, it’s important to know that both criminal laws and tort laws come into play. Criminal laws define what actions are illegal and punishable.
If the person is found guilty, they may face a fine or imprisonment. However, if they are innocent, they can avoid punishment.
On the other hand, tort law deals with a civil wrong committed by someone that causes injury to another person.
The tortious wrongdoer must have failed to fulfill their duty or standard of care. For instance, if a doctor prescribes the wrong medicine or fails to meet their standard of care, the patient may sue the doctor for damages.
A judge or jury will decide if the doctor was negligent; if they were, they must compensate the injured person.
To navigate these laws and court processes effectively, it’s crucial to understand the intricacies of a drunk driver’s injury case.
Liabilities Of A Drunk Driver
If a driver drives under the influence of alcohol, the legal order can hold them responsible for any harm they cause, even if they are not charged with a crime.
Therefore, to prove negligence, the driver must show that they had a duty to protect other drivers on the road.
However, if they breached that duty by driving while drunk and their actions caused harm, you can hold them directly responsible for the injuries.
If a driver causes harm, they will only be responsible for the injuries they caused. For example, if they caused a broken ankle but not a broken wrist, they will only be liable for the broken ankle.
Since the driver did not act against the injured person, they cannot be considered the direct cause of the injury.
Therefore, it is important to note that the criminal and civil processes are distinct.
To sum it up, if a driver acted negligently due to their intoxication, resulting in injuries, they can be held liable for damages.
Protect And Stay Safe
Suppose you have recently lost someone you love due to the carelessness or negligence of another person. In that case, it is essential to seek the services of an experienced wrongful death lawyer as soon as possible.
A wrongful death lawyer can provide you with legal guidance. Moreover, they can help you understand your rights as a victim of wrongful death.
Therefore, you can find assistance in gathering evidence to build a strong case against the responsible party.
With their support, you can hold the negligent individual accountable for their actions and obtain the justice and compensation you and your family deserve.