Every 45 minutes, someone dies in a drunk driving crash in America. These preventable tragedies leave families shattered and survivors facing long roads to recovery.
While criminal courts handle the drunk driver’s punishment, victims often wonder how a conviction might affect their personal injury case.
The answer brings good news for injury victims: a drunk driving conviction substantially strengthens your claim for compensation.
This guide explains exactly how and why.
The Basics of a Personal Injury Case
A personal injury case begins with four essential elements you must prove:
- the driver’s duty to operate their vehicle safely
- their breach of that duty
- how that breach caused your injuries
- the extent of your damages
Most cases require careful gathering of evidence to establish these elements. Drunk driving cases, however, often provide a powerful shortcut.
In Massachusetts, as in most states, driving with a blood alcohol concentration (BAC) of 0.08% or higher is illegal. The law sets an even stricter standard for young drivers, with a legal limit of 0.02% for those under 21.
BAC is often measured with a breathalyzer test, which analyzes the amount of alcohol in your breath. Law enforcement officers typically administer it after stopping a driver suspected of impaired driving.
When drivers violate the BAC limit and cause accidents, the law provides special tools to help victims seek justice.
You may also work with a Boston motorcycle accident lawyer to build a strong case and pursue the compensation you deserve.
How Drunk Driving Creates Automatic Negligence
When someone breaks a safety law and causes injury, courts often recognize this as “negligence per se.” This legal principle means the violation itself proves negligence, simplifying your case significantly.
A drunk driving conviction essentially hands you powerful evidence of the driver’s negligence on a silver platter.
However, remember that the driver’s intoxication must directly cause your accident.
If a drunk driver stopped at a red light and you rear-ended them, their intoxication likely didn’t cause your injuries. But when their impaired judgment leads to running a red light or swerving into your lane, the connection between their drinking and your injuries becomes clear.
How a Drunk Driving Conviction Helps Your Personal Injury Case
A drunk driving conviction can significantly strengthen your personal injury case in several ways:
Powerful Evidence in Settlement Talks
Insurance companies calculate risk when deciding settlement offers. A drunk driving conviction dramatically shifts this calculation in your favor.
The insurer knows a jury will likely view their drunk client unsympathetically, encouraging fairer settlement offers to avoid trial.
Jury Impact and Damages
If your case reaches trial, a drunk driving conviction powerfully influences how jurors view the case.
They’re more likely to accept your version of events and award appropriate compensation when presented with evidence of the other driver’s conviction.
Moreover, drunk driving cases sometimes qualify for punitive damages beyond standard compensation for medical bills and lost wages. These additional damages punish particularly reckless behavior and deter others from driving drunk.
A conviction strengthens your argument for including punitive damages in your claim.
What if the Drunk Driver is Acquitted or the Case is Dismissed?
Sometimes drunk driving cases end in acquittal or dismissal. This doesn’t doom your personal injury claim.
Criminal courts require proof “beyond a reasonable doubt,” while civil cases use the lower standard of “preponderance of evidence”. Meaning, you only need to show it’s more likely than not that the driver was negligent.
Even without a conviction, other evidence can prove your case:
- Police reports describing the driver’s behavior
- Witness statements about erratic driving
- Blood alcohol test results
- Video footage from nearby cameras
- Expert testimony about the accident scene
How to Build a Strong Case Beyond the Conviction
A drunk driving conviction is just the beginning. While it proves the driver was intoxicated, it doesn’t automatically show the full extent of the harm caused.
To build a strong case, whether for an insurance claim or a lawsuit, you need more evidence beyond the conviction. Some of the key pieces of evidence include:
- Police reports
- Witness statements
- Medical records
- Photos and videos of the accident scene
- Vehicle damage assessments
You also need to show the real impact of the accident. Medical expenses, lost wages, and pain and suffering all contribute to the total compensation.
Why Legal Representation is Important in DUI Cases
Navigating a personal injury case after a drunk driving accident requires careful attention to both evidence and legal procedure.
An experienced personal injury attorney provides essential services:
Investigation and Evidence Gathering
A skilled lawyer knows how to investigate what happened. They’ll obtain the official police report, interview witnesses, and track down any videos or photos of the accident.
If necessary, they’ll consult with experts, like accident reconstructionists, to piece together the events and build a strong case on your behalf.
Legal Strategy
Your lawyer will carefully evaluate the strength of your case, considering all the details and evidence. They’ll determine a fair amount of compensation to pursue, covering your injuries and other losses.
They’ll also help you decide whether to accept a settlement offer from the insurance company or take your case to trial, explaining the advantages and disadvantages of each option.
Insurance Negotiations
Your lawyer will handle all communication with insurance companies, saving you from the hassle and potential frustration. They’ll review any settlement offers and make sure they are fair and adequate.
They will also protect your rights every step of the way by acting as your advocate throughout the entire process.
In short, a lawyer takes the burden off your shoulders, fighting to get you the best possible outcome.
How Much Does a Personal Injury Lawyer Cost
Most personal injury lawyers typically work on a contingency fee basis. This means you don’t pay anything upfront. They only get paid if you win your case.
Their fee is a percentage of what they recover for you, usually between 25% and 40%. This percentage can vary depending on the complexity of your case and the lawyer’s experience.
A simpler case might mean a lower percentage, while a complex trial could mean a higher one. It’s crucial to discuss this upfront and get everything in writing.
If you’ve been in a DUI motorcycle accident in Boston, contact DiBella Law Injury and Accident Lawyers immediately. They offer a free consultation and work on a contingency fee basis, meaning you don’t pay unless they win your case.
Conclusion
A drunk driver’s conviction creates a strong foundation for your personal injury case. However, success requires careful preparation and strategic legal action.
The sooner you begin working with an experienced attorney, the better your chances of securing fair compensation for your injuries.
Remember that each case brings unique circumstances affecting its outcome. While a conviction helps significantly, working with a qualified personal injury attorney ensures you leverage this advantage effectively.
Author Bio:
Christopher DiBella is the founding partner of DiBella Law Injury and Accident Lawyers. He knows the pain of injury from his own family’s experiences.
Chris earned his Bachelor’s degree from Boston University, graduating cum laude, and his J.D. from Suffolk University Law School. Among his many awards and recognitions are The National Trial Lawyers Top 25 Motor Vehicle Trial Lawyer, Top 100 Civil Plaintiff Lawyer, and Super Lawyers Rising Star.
With both skill and genuine empathy, Chris is dedicated to helping clients turn their struggles into successful outcomes.
