What You Need to Know About Lawsuits Against Drunk Drivers

In a state where the law is about pure negligence, you can file a civil lawsuit against a drunk driver. In such civil law cases, you can recover two types of damages: actual and punitive. Actual damages refer to the loss or harm the drunk driver caused and were intended to punish the guilty party or to deter them from engaging in similar acts. Punitive damages, on the other hand, aim to punish the guilty party and prevent others from committing similar acts.

Lawsuits Against Drunk Drivers Are Free In A Pure Negligence State.

If you are injured or killed by a drunk driver, you may be able to bring a lawsuit against the responsible party. Pure negligence states allow for lawsuits in these situations as long as you prove that the other driver was negligent. However, according to some Boston drunk driving accident lawyers drunk driving lawsuits often face stiff defenses and may not be able to succeed unless a plaintiff can show that the other driver was at fault.

Damages Are The Harms And Losses Caused By The Drunk Driver.

You may be eligible for punitive damages if you are involved in a car accident due to a drunk driver’s negligence. Punitive damages are awarded to deter future drunk driving behavior and are generally awarded in addition to compensatory damages. However, not all drunk driving cases qualify for punitive damages. Typically, the driver must have a blood alcohol level of 0.15% or more to qualify for punitive damages. In addition, punitive damages are more likely awarded to drunk drivers with prior convictions.

If you are involved in a drunk driving accident, you may hire an auto accident attorney and try to get as much compensation as possible. Although the legal system makes it challenging to recover punitive damages, collecting a large sum of money in a drunk driving accident is sometimes possible.

Punitive Damages Are Intended To Punish And Deter

Whether you win or lose depends on the punitive damages you are awarded. Punitive damages are often much higher than actual damages and aim to punish the perpetrator or thwart future acts. While punitive damages are rarely awarded, they are a good choice for serious cases. They’re often based on the amount of net worth of the defendant. Punitive damages may also be calculated using comparative analysis based on the value of the defendant’s assets.

Common Defenses To A Negligence Case

There are several common defenses to a negligence case against drunk driving. One is a mistake of fact, which can be used to argue that the defendant was not negligent. The defense requires that the defendant’s actions were reasonable to a reasonable person in the same situation. For example, a driver might be too intoxicated to drive if conditions were clear, but he may have been under the influence of drugs or alcohol. Either way, the jury must decide if the defendant was negligent.

Hiring A Lawyer For A Civil Lawsuit Against A Drunk Driver

You’ve likely considered hiring a lawyer for a civil lawsuit against the drunk driver who hit you. While you may not get a jail sentence, you could still have to pay out of pocket for expensive premium payments. Your license could be suspended, too. However, a civil drunk driving lawsuit is almost always successful. This is because the drunk driver’s insurance policy will pay for the victim’s damages. A civil lawsuit against a drunk driver can take many forms. If you were injured, you may hire a pedestrian accidents lawyer to help you seek monetary damages from the drunk driver. A person may also be entitled to compensation for medical expenses, pain and suffering, lost wages, and even wrongful death. However, if the drunk driver didn’t have insurance, the victim might still be eligible to sue for monetary damages.