Can a civil case be filed against a drunk driver?

A drunk driver can face criminal prosecution even if there is no accident or injury involved. A civil case based on drunk driving comes in the form of an injury lawsuit filed by the victim of a drunk driver, or in the case of a fatality, filed by the victim’s next of kin, to recover damages.

Why is it important to prosecute drunk drivers?

Criminal proceedings are designed to protect the public from future harm by acting as a deterrent to drunk driving, as well as to punish the drunk driver for acting in a reckless manner. A drunk driver can face criminal prosecution even if there is no accident or injury involved.

Can a drunk driver be sued in a no fault state?

The effect of no-fault laws on civil suits against drunk driving is constantly debated in no-fault states. Unlike in pure negligence states, drunk drivers in no-fault states are not automatically subject to civil liability.

What happens if you get injured by a drunk driver?

Injuries caused by drunk driving are very frequently the subject of civil suits. While drunk drivers can face serious criminal charges, with penalties including restitution and jail time, they can also face civil liability if they are sued by their victims. If you or a loved one is injured or killed by a drunk driver,…

Can a drunk driver be sued for personal injury?

If you live in a pure negligence state, you are generally free to sue a drunk driver for the injuries you sustained. In personal injury drunk driving suits, you must simply prove fault as you would in any other civil suit.

Do you have to file a lawsuit against the other driver?

You have to file a lawsuit. But do you file the suit against the other driver or their insurance company? The answer is simple: Not only do you sue the other driver, you are NOT permitted to sue their insurance company. Texas law does not allow you to file suit against the insurance company directly. You must file the suit against the driver.

What to do if your loved one is killed by a drunk driver?

If a loved one is killed by a drunk driver, you or another duly appointed personal representative my file a civil suit for wrongful death on behalf of the loved one’s estate. A wrongful death suit is often a mechanism employed by family members to ensure that those surviving the deceased have some financial stability.

Can a civil suit be filed against a drunk driver?

Since drunk driving is illegal, your case could be a civil suit as well as a criminal case. These two processes – civil suits and criminal proceedings – are different. Both can be difficult and time-consuming, and benefit from the help of a seasoned personal injury attorney.

Is there a limit to how much I can sue a drunk driver for?

Just keep in mind that there are limits to how much an insurance company will pay, often in the $50,000 range. So if your damages exceed your state’s limit, you may need to file a civil suit (which in all likelihood will end in a pre-trial settlement).

Can you sue a drunk driver in Nebraska?

Unfortunately, punitive damages are unavailable under Nebraska law. A DUI or DWI charge against the at-fault driver may not result in financial compensation but can be a bargaining tool when negotiating your civil settlement. For a drunk driving charge to help, you need proof the driver was drunk.

Who was the father of the girl that got hit by a car?

The lawsuit alleges her father, Christos Christidis, suffered emotional distress, depression and anxiety from the loss of his daughter that ultimately led to his death on May 31, 2016, just two weeks before Dejong was sentenced after pleading guilty to impaired driving causing death.

What happens if you get hit by a drunk driver?

One of the unfortunate aspects of many accidents caused by drunk drivers is that the driver either lacks a sufficient amount of car insurance coverage, or lacks insurance altogether. The possibility of bringing a Dram Shop claim against a bar, restaurant or club can be particularly important in this situation.

Can a person Sue a no fault driver?

But every no-fault state also has a threshold which, allows an injured person to pursue a liability claim or personal injury lawsuit against the at-fault driver. If your injuries meet your state’s definition of “serious injuries,” or your medical bills are high enough, you can step outside the confines of the no-fault system.