Have You Been the Victim of a DUI?

People who have never been arrested for drunk driving often are surprised by the severity of the penalties. They frequently drop their jaws in surprise when they are facing both criminal and civil charges. While both cases deal with the same evidence, the goal and proof used in each case are significantly different.

Let’s look at one example -

On one warm summer day in Temecula, CA, a driver in a pickup was driving at a high rate of speed. He crashed into another car as well as an off-road barrier on a four-lane highway. Six vehicles were caught up in the ensuring chain of events. Authorities proved that the driver of the pickup was intoxicated when he crashed. In this case, he faced both civil claims and criminal charges due to negligence.

When a DUI is the subject of a criminal lawsuit, the state brings the action against the defendant. This will happen, even if the driver damaged other vehicles or harmed other people. When this occurs, the burden is on the state to show the driver was intoxicated and operating a motor vehicle. The driver will be considered guilty if he was driving while drunk Even if he did not harm any anyone, this fact is enough to level charges.

If a DUI is proven, the driver faces possible jail time, fines, and penalties. The fines and penalties that are assessed against the driver do not go to anyone who was hurt in the accident. This money solely goes to the state, or to the Department of Motor Vehicles (DMV).

If you are involved in a DUI where you are harmed as the result of a drunk driver’s negligence, you need to speak to a personal injury attorney. To prove your case in this respect, you need to show the following:

• The other driver had a duty to you to keep you from harm.
• The inebriated driver’s actions or inaction led to a violation of his duty to keep you safe. This part of the equation is defined as negligence.
• It also must be shown that because of this negligence, you were injured. This is known in legal jargon as causation.
• A a result of the driver’s behavior, you suffered damages and harm directly due to the mishap.

If you can prove the driver was indeed drunk, you have already established the first two elements that must be present to show negligence.

Technically, you do not have to demonstrate that the driver was drunk to receive damages in a personal injury accident. You just need to show that he was driving dangerously. If he was driving at a high rate of speed and totally ignoring the rules of safe driving, you can easily prove your case. Whether defendant was drunk or not will not matter if any type of recklessness can be shown.

You can show that a driver was intoxicated in one of several ways. For example, he or she may have appeared drunk or inebriated when they got out of their car to speak to you. They may have been driving erratically before the crash occurred. Also, you may have smelled alcohol on their breath or clothes, or saw an open container in the defendant’s car.

If you get involved in this type of crash, don’t leave the scene until you can speak to the police. It is also important, if you are up to it, to ask anyone who witnessed the crash if they can provide testimony or an eyewitness account. Tell the police if you saw an open container and ask when you can get a copy of the accident report.

You also want to obtain pictures of the accident scene shortly after the wreck occurred. Don’t go home directly after the event, as you should stop and see a doctor or urgent care center about your injuries. Again, you need this information to demonstrate that you were injured as the result of criminal negligence.

You will need to speak to a personal injury attorney if you are involved in this type of crash. These cases can get complicated because criminal cases and civil matters in these circumstances often overlap. Your success in winning a settlement will hinge on whether your received medical care right away, and if you were speeding or not safely driving before the crash.