There is no doubt that drunk driving accidents continue to be recorded every year despite all the measures governments have put in place.
The problem is that DUI accidents may lead to the death or injury of a traffic participant who was not at fault for the accident, and this is a concern most of the people using public roads share. Sometimes this is inevitable, and the only way to prepare for it is to understand the legal procedures following a DWI accident death.
What to Do if Your Loved One Is Killed by Drunk Driving
Drunk driving fatalities are common in the country, and many families do not know how to proceed. Some of them lose not only their loved ones but also the financial support of the deceased family member offered because survivors do not know how to sue a drunk driver. Here are some of the strategies to follow in such situations.
Hire a Personal Injury Attorney
To be on the right side of the law, you need a personal injury lawyer to represent you in court. Personal injury matters are very complex because the other party has a lawyer, too, and you might fail to professionally handle some of the issues. Your attorney will represent you accordingly, and this is one of the most important decisions you can consider in the case.
Keep an Eye on Criminal Proceedings
In reckless driving charges, the district will always sue for criminal proceedings against drunk driving. It is the district’s or the court’s responsibility to protect the members of the public against drunk drivers who are likely to cause deaths or injuries on the roads. Criminal charges will be filed regardless of whether there was an accident, death, or even injuries.
As an interested party, you should follow the criminal proceedings. The success of your case heavily depends on the outcome of the criminal proceedings. If the driver is found guilty of driving under the influence, the chances of your civil case to succeed increase tenfold.
Institute of Civil Proceedings
After getting a decision that favors you in the criminal proceedings, you can go ahead and file a civil case against the driver to get the necessary compensation from the insurance company and/or the driver. The state is not a party in civil proceedings, and thus, a personal injury attorney must prove beyond doubt that there is a need for compensation from the driver who caused the accident.
However, thanks to the driver being found guilty by the criminal court for drunk driving, the civil proceedings should be seamless. You have to exploit the verdict of the criminal court to get a favorable decision.
Keep in mind that the driver’s insurance carrier is a party in the case and will be paying for the damages the court will award. Your insurance carrier is also a party and has to compensate you too if you win the civil case.
Drunk Driving and Wrongful Death
Drunk driving is considered one of the most common situations that lead to wrongful death on our nation’s roads. Therefore, if your loved one dies in an accident caused by someone driving under the influence, you can sue for wrongful death to get compensation to support the most vulnerable family members.
Suing for wrongful death is not a straightforward case. However, with the right personal injury attorney on your side, especially one who has handled dozens of similar cases, there is a chance that you win and maybe receive some or all of the following benefits:
- Economic damages to support your family
- Non-economic benefits to cater to emotional loss
- Punitive damages to punish the offender.
