When a drunk driver causes a crash, fault for the collision is typically clear. Driving under the influence (DUI) offenses are crimes, and the drunk driver could very well end up facing criminal charges because of the choices that they made.
The people affected by drunk driving collisions often have questions about their rights afterward. Those who have experienced drunk driving collisions may benefit from reviewing the answers to common questions below, in anticipation of speaking with a skilled legal team.
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Does prosecution affect compensation?
State prosecutors can bring DUI charges against those accused of impaired driving. A DUI charge is separate from any request for compensation brought by the people affected by the collision. Some people mistakenly believe that a DUI conviction could prevent them from filing a personal injury lawsuit.
However, double jeopardy protections only apply to prosecution by the state, not civil litigation. The people affected by a drunk driver have the right to file a lawsuit even if the state has prosecuted the driver already. In fact, a conviction for a DUI offense can strengthen the legal case of the plaintiff.
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Is insurance adequate?
People sometimes assume that an insurance claim can cover their losses after a drunk driving crash. However, state statutes only require $30,000 in bodily injury liability protection if the crash harms one person or $60,000 coverage if two or more people sustain injuries.
Plaintiffs have the right to request compensation for their current and future medical expenses. They can also request compensation for lost wages and diminished earning potential. In fact, people may have the option of requesting compensation for their pain and suffering if they take the matter to court instead of simply settling an insurance claim.
Drunk drivers may lack the insurance coverage necessary to adequately compensate the people they harm. Successfully litigating is often the most effective means of obtaining compensation after a drunk driving collision. Those harmed by intoxicated motorists typically require assistance as they navigate the civil courts.
Partnering with the team at Cohen, Snyder & Eisenberg, P.A. can help people pursue justice when intoxicated drivers cause major collisions. People who have support from a local law firm with experience managing insurance claims and litigation can focus on addressing the personal fallout of a serious wreck instead of fighting on their own in pursuit of reasonable compensation.
Those dealing with the aftermath of a recent collision can get insight into their options by discussing the crash with the team at Cohen, Snyder & Eisenberg, P.A. by clicking here or calling 1-800-INJURED.
