Drunk drivers break the law by getting behind the wheel after drinking. They also put everyone at risk, as intoxication substantially increases the likelihood of a wreck.
If drunk drivers cause crashes, the people affected by the collision may file insurance claims to cover their losses. In cases where drunk drivers either do not have insurance or when crash expenses are higher than the insurance available, the people affected by the collision may want to file a personal injury lawsuit.
Does the state’s decision to pursue operating a vehicle under the influence (OVI) charges prevent those affected by a drunk driving collision from filing a lawsuit?
Civil cases are a separate legal matter
The Constitution protects people from double jeopardy. The state cannot charge people repeatedly for the same criminal violation. After a conviction or an acquittal, a defendant should not face criminal prosecution again for the same matter.
However, a lawsuit filed against someone who caused economic harm to others is not the same thing as prosecution by the state. Those who break the law or engage in negligent behavior are usually liable for the consequences of their poor choices.
When impaired drivers do not have enough insurance to compensate the people affected by the crashes they cause, they may face lawsuits in addition to the criminal charges brought against them. If anything, the state’s criminal case can substantiate claims that the driver was under the influence and is therefore liable for the harm they caused due to their verifiable wrongful acts.
Reviewing the circumstances of a drunk driving crash with an attorney can help injured people understand their rights. A successful lawsuit can lead to compensation and a sense of justice for those affected by impaired driving.