According to the National Highway Traffic Safety Administration (NHTSA), about 32 people die in the United States each day in drunk-driving accidents. This is equal to one death every 45 minutes. In 2020, the highest percentage of drunk drivers were the 21-to 24-year-old age group which includes college-aged students. While a DUI can result in a fine, jail sentence or the suspension of your license it can also have further-reaching consequences. In addition to criminal charges against you, driving under the influence of alcohol or drugs can also result in civil charges being brought against you under a personal injury claim by any individuals that are injured as a result of your actions.
The victim of a DUI may be entitled to compensation for their injuries and claim damages for things like medical expenses, pain and suffering and loss of earnings. If you have been charged with a DUI which resulted in the injury of another party it is advisable to contact an experienced attorney in order to help you with your defense. In this article, we will look at the legal elements required to successfully establish a DUI personal injury claim.
Burden of Proof
The standard of proof for drink-driving under a civil claim differs from that under a criminal charge. Under a criminal case the prosecution needs to show, ‘beyond a reasonable doubt’, that the driver drove their vehicle whilst under the influence. They may submit evidence from a field sobriety test (FST) which shows the defendant’s blood alcohol level was over the legal limit or include accounts taken from the officers who were there at the time of the incident.
In a civil case, however, the burden of proof is lower. The prosecution need only prove their argument by a preponderance of the evidence meaning they will have to demonstrate their version of events is more likely true than not. In order to receive compensation for their injuries, the plaintiff in a DUI claim must show that the defendant’s negligence was the reason for the injuries and losses they sustained. This will require them to establish the following four elements:
Duty of Care
The plaintiff must prove that the other driver owed them a duty of care. This can be established as it is assumed that all drivers have a responsibility to drive safely with regard to other motorists and pedestrians.
Breach of Duty
The defendant must have breached their duty of care. As a reasonable person would know that driving under the influence could cause injury to others, they will have breached this duty.
Causation
There must be a direct link between the defendant’s breach of their duty of care and the injuries the plaintiff sustained. Causation will be established if it can be proven that their injury or loss would not have occurred but for the actions of the defendant.
Damages
To receive compensation under a personal injury claim the plaintiff must be able to demonstrate quantifiable losses for which they can be financially compensated. A DUI can have far-reaching consequences which can result in both criminal and civil charges being brought against you.