A Driver Might Face Both Criminal And Civil Penalties For Drunk Driving
Posted on: 15 July 2021
If a drunk driver hits your vehicle, the driver might be arrested for drunk driving and face criminal charges. However, the drunk driving charge is separate from any civil penalties that the driver might face, and you may be entitled to compensation for your injuries even as the drunk driver is sitting behind bars.
Your Injuries After a Drunk Driving Accident
The insurance provider of the other driver should be able to cover some or all of your medical expenses after the accident. However, you will want to work closely with a drunk driving accident attorney who can help you with your settlement negotiation.
Drunk driving is very common, and there are many accidents that occur as a result. Therefore, some attorneys have specialized in fighting for the rights of those victimized by drunk drivers to seek compensation for their injuries.
Your Odds of a Settlement
In many cases, an insurance provider will fight hard to avoid compensating you for your injuries. After all, an insurance provider is usually trying to make money, and they will be able to pocket more money at the end of the year if they minimize their payouts. However, with drunk driving cases, you might have better odds.
The judge and jury are more likely to be sympathetic toward the victim of a drunk driver. Therefore, the insurance provider will be more willing to settle to avoid a trial. However, you will need to prove that the other driver was under the influence of alcohol during the accident.
When to Go to Trial
Your drunk driving accident attorney may still advise you to go to trial if they believe you may receive punitive damages. When you settle out of court, you will only receive compensation for economic and non-economic damages, such as pain and suffering. However, if you go to trial, the judge may choose to award punitive damages as a way to punish the driver.
To receive compensation for punitive damages, the driver will need the assets necessary to pay for the damages. However, you may still choose to pursue punitive damages even if the driver is unable to pay the full amount because you can still hold the driver accountable by having this type of judgment against them.
In a no-fault state, you may still want to consider litigation because many no-fault states allow for you to pursue additional damages under special circumstances such as drunk driving.
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