Driving drunk is extremely dangerous and causes an estimated one death every 51 minutes1 in the United States, as well as thousands more injuries. The following is some information regarding how you can hold a drunk driver liable for any losses you suffer.
Civil Case is Separate from a Criminal Case
If police come to the scene of an accident, they will likely place a driver they suspect to have been drinking under arrest. A prosecutor can then filed formal criminal charges against the driver, initiating a case in criminal court. Even if the individual is convicted of driving under the influence (DUI), it does not necessarily mean that you will get the money you deserve from the criminal case. Instead, you may have to file a separate personal injury case against the responsible party in civil court.
If the driver was convicted of DUI, however, the civil court should find that the driver was automatically negligent, known as “negligent per se.”2 This means that you will not have to present evidence of negligence to the court, which makes it easier to prevail in the case. Even if the driver was not charged or convicted of DUI, it may still be possible to win a civil case. This is because the burden of proof in a civil case is significantly lower than in a criminal case. In a criminal case, guilt must be proven beyond a reasonable doubt while, in a civil case, you must only prove negligence by a preponderance of the evidence. This means it must only be more likely than not that the driver was drunk and, therefore, negligent.
Contact an Experienced St. Louis Auto Accident Attorney at The Bruning Law Firm for Help Today
At the law offices of The Bruning Law Firm, we are committed to helping injured auto accident victims recover every cent they deserve from dangerous drunk drivers who caused accidents and injuries. We understand the legal issues involved in a drunk driving accident case and will always strive to help you obtain full and fair compensation. You only have a limited time after an auto accident to file a claim in civil court, however, so please do not delay in calling our office at 314-735-8100 for a free case evaluation today.
LET US GET STARTED ON YOUR ST. LOUIS CAR ACCIDENT CASE TODAY
If you or someone you care about has been seriously injured in an auto accident, contact The Bruning Law Firm today. We provide the comprehensive, professional legal representation you deserve at a time when you need it most.
Call or contact our office online today to schedule a free consultation.
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