The criminal offense of “driving under the influence” (DUI) occurs when a driver gets behind the wheel with a .08% or higher blood alcohol content, or under the influence of a controlled substance. It is a real and growing problem with serious consequences. People who drive under the influence are a threat to others and often cause serious injury or kill other innocent people.
Every single driver has a duty of care toward other people on the road. The failure of this duty, resulting in someone else’s injuries is negligence that opens the responsible driver up to personal injury damages. People that choose to drink alcohol or use a controlled substance, then drive while inebriated commit a clear and obvious breach of their duty to others.
Personal Injury Damages
If you have been injured by a drunk driver, you need to contact a personal injury attorney to help you recover maximum compensation. You may have a claim for damages that includes medical expenses, lost wages, lost future earnings, pain and suffering, and more. An attorney can help you understand the strength of your case, the types of damages that you may qualify for, and the value of your claim.
A DUI Citation is Not an Automatic Win
Because of the high stakes of the damages that may be involved, expect a lowball offer or a fight if you seek compensation from the responsible person’s insurance company. Don’t assume that you will have an easy time getting a settlement just because the responsible driver got a DUI citation. While the existence of a citation may go a long way in negotiating a settlement, personal injury claims and criminal charges are two completely different things. In a court of law, you would have the burden to prove that the other party committed a negligent or reckless act that injured you. However, if an offender has been convicted of the crime which resulted in the injury to the victim, the judgment of conviction is conclusive evidence of all facts necessary to impose civil liability for the injury. Moreover, if an injury is caused by operating a motor vehicle after the defendant willfully consumed or used alcohol or another controlled substance, the Plaintiff may recover punitive damages. These cases then turn on proving what your damages are worth.
Viloria, Oliphant, Oster & Aman L.L.P., Personal Injury Attorneys
DUI drivers need to be taken to task for their irresponsible behavior. If a drunk driver has injured you, call us. The personal injury attorneys at Viloria, Oliphant, Oster & Aman, L.L.P. are proven fighters who have recovered millions of dollars on behalf of our clients. We are smart, effective, and motivated. Call Viloria, Oliphant, Oster & Aman L.L.P. today at (775) 210-8178 to schedule a free case consultation or contact our office through our website.