Most of us drive every single day to get to work or the store. Because there are so many cars on the road, accidents happen frequently. Most of these are simple mistakes like not seeing a stop sign or misjudging a turn. However, when a driver decides to get behind the wheel after drinking, the situation changes completely. A DUI crash is not just a regular car accident. It involves different laws, higher stakes, and much more serious injuries.
How A Standard Accident Works
In a normal car crash, the legal case usually focuses on negligence. To get money for your injuries, you have to show three things. First, you must show the other driver had a duty to drive safely. Second, you have to prove they broke that duty by doing something like speeding or running a red light. Third, you must show that their mistake is what actually caused your injuries.
Standard accidents are mostly civil cases. This means the goal is to pay the victim back for their medical bills, lost wages from work, and the pain they felt. In these cases, the at-fault driver usually does not go to jail unless they were doing something extremely wild like street racing. The insurance company typically pays a settlement to make the victim whole again.
The Addition Of Criminal Liability
When alcohol is involved, the driver faces two different types of legal trouble at the same time. They will have a civil case where you sue them for money, but they also face a criminal case from the government. The state will try to punish them with fines, a suspended license, or time in a jail cell.
Under the law, a person is considered a drunk driver if their blood alcohol content is 0.08 percent or higher. The penalties get much worse if they have done it before.
- A first offense might lead to a few hundred dollars in fines and six months in jail.
- By the fourth offense, the driver could be looking at thousands of dollars in fines and five years in prison.
These criminal punishments are meant to penalize the driver, but that money does not go to the victim. That is why the civil lawsuit is still necessary.
Greater Potential For Punitive Damages
One of the biggest differences in a DUI case is the chance to ask for punitive damages. In a standard accident, you only get money for your actual losses. In a DUI case, the court might order the driver to pay extra money specifically to punish them for their reckless behavior.
Judges and juries use punitive damages to send a message to society that driving drunk is not acceptable. This happens because the driver showed a complete disregard for the lives of others. In some extreme cases across the country, juries have awarded millions of dollars in punitive damages to families who lost a loved one. This extra money is on top of the usual payment for medical bills.
Serious Injuries And High Speed Impacts
Drunk driving crashes often cause much worse injuries than a typical fender bender. This happens because alcohol slows down a person’s brain. A sober driver will usually hit the brakes or swerve to avoid a hit, which lowers the impact. A drunk driver often does not react at all. They might hit another car at full speed without ever touching the brakes.
These high-speed crashes lead to life-changing problems. Victims often suffer from:
- Traumatic brain injuries (TBIs)
- Spinal cord damage or paralysis
- Internal organ damage
- Permanent disabilities
About one third of all traffic deaths in the United States happen because of a drunk driver. Because these injuries are so severe, the medical bills are usually much higher than in a standard accident.
Other People Who Might Be Responsible
In a regular crash, you usually only look at the driver who hit you. In a DUI case, other people might be at fault too. Many states have what are called Dram Shop laws. These laws say that a bar or a restaurant can be held responsible if they kept serving alcohol to someone who was already clearly drunk.
Social host laws might also apply if a person had a party and let a guest drive home while intoxicated. This gives the victim more ways to get the help they need. Finding these extra responsible parties makes the legal process more complex, but it ensures there is enough insurance money to cover permanent disabilities.
The Legal Complexity Of DUI Cases
Going through a DUI accident claim is harder than a normal insurance claim. You have to keep track of the criminal trial while you build your civil case. Lawyers have to look at police reports, blood test results, and witness statements from the bar where the driver was drinking.
These accidents are entirely preventable tragedies. They are not just bad luck. They happen because someone made a choice to put everyone else in danger. Because the law treats these choices so seriously, the evidence required is more detailed. You need to prove the driver was impaired and that their impairment is the reason the crash was so violent.
Reach Out For Help Today
If you or a family member were hurt by a drunk driver, you have a lot to handle. You are likely dealing with doctors and missing work while trying to understand the law. Fitzpatrick, Skemp & Butler is here to help you get the money you deserve for your injuries and your pain. Give us a call at 608-784-4370 to talk about your case and learn about your rights. We will work hard to hold the reckless driver accountable for what they did.