Posted on Monday, December 9th, 2024 at 2:14 pm
The holiday season is a time for celebration, but it also brings an increased risk of DUI accidents. Festivities often involve alcohol consumption, which can lead to impaired driving, making the roads more dangerous. According to the National Highway Traffic Safety Administration, there is a significant increase in alcohol-related crashes from Thanksgiving through New Year’s Day. Below, Tiemann Law Firm sheds light on DUI cases to help individuals navigate the complications that come along with them.
Understanding the DUI Impact on Liability
In a DUI personal injury case, the driver under the influence is typically considered at fault for the accident, making them liable. However, while criminal charges for DUI can strengthen the civil case, the burden of proof in a civil case is lower than in criminal court. This means that even if the driver is not convicted of DUI, you may still have grounds for a personal injury claim.
Proving Negligence and Damages
To successfully pursue a personal injury claim, you must prove that the DUI driver’s actions directly caused your injuries, by showing that:
- The driver’s intoxication impaired their ability to drive safely.
- Your injuries were a direct result of the accident caused by the DUI driver.
Insurance Complications in DUI Cases
DUI accidents often involve complications with insurance claims. If the intoxicated driver is covered by insurance, the insurance company may initially offer a settlement. However, insurers may try to minimize the payout. It’s essential to have a personal injury lawyer by your side to negotiate a fair settlement or take the case to trial if needed.
Criminal and Civil Cases
A DUI case involves both criminal and civil components. While the criminal case deals with the DUI driver’s actions, the civil case focuses on compensation for your injuries. These cases can proceed simultaneously, and the outcome of one may influence the other. For example, a conviction in a criminal court can strengthen your case in a civil court.
Navigating the complexities of a DUI personal injury case requires a thorough understanding of both legal and insurance processes. If you or a loved one has been the victim of a DUI accident, contact the personal injury attorneys of Tiemann Law Firm for guidance and advice. Call us today to set up a free, same-day consultation at (916) 999-9000 or toll-free: 855-999-9000.
