Can I Sue a Drunk Driver for an Accident?

Even though the dangers of drunk driving are well-known, people still get behind the wheel when they’re under the influence. When a person makes the decision to do that, they put everyone on the roads at risk. If you were injured in a crash involving an impaired driver, you may be wondering whether legal action is possible and what the process involves.

Can a Drunk Driver Be Held Liable in a Civil Lawsuit?

Yes, driving under the influence is a violation of Indiana law. If someone drives while intoxicated and causes harm, they can be found legally responsible for the injuries and damages that result.

A criminal case brought by the state is separate from a civil lawsuit. So even if the driver is prosecuted by the state, the injured party may file a personal injury claim to pursue compensation for medical expenses, property damage, lost wages, and pain and suffering.

What Kind of Evidence Is Used To Support a Claim Against a Drunk Driver?

Several forms of evidence may be used to demonstrate that the driver was impaired and at fault.

• Police reports typically include the officer’s observations, results from field sobriety tests, and chemical test results such as blood alcohol concentration.
• Statements from witnesses and footage from nearby surveillance or dash cameras can also help.
• If criminal charges were filed, records from that case can support the civil lawsuit.
• In some cases, expert testimony may be used to show how impairment contributed to the crash.

Can I Still File a Lawsuit if the Drunk Driver Was Not Convicted?

A criminal conviction is not required to file a civil lawsuit. The standards of proof in a civil case differ from those in a criminal case, though.

• In a criminal trial, the prosecution must prove the defendant’s guilt beyond a reasonable doubt.
• In a civil case, the plaintiff must prove liability by a preponderance of the evidence, meaning it is more likely than not that the driver caused the harm.

What Compensation Might Be Available in a Lawsuit?

A person injured by a drunk driver may seek compensation for a range of damages. This can include current and future medical bills, loss of income, property repair or replacement, and pain and suffering.

If the conduct of the intoxicated driver is found to be particularly reckless, the court may also award punitive damages. These are intended to penalize the driver and discourage similar behavior in the future. The amount awarded will depend on the facts of the case and the severity of the injuries.

Can a Bar or Restaurant Be Held Liable Under Indiana Law?

Under Indiana’s dram shop law, it is possible for a bar, restaurant, or other alcohol provider to be held responsible if it served alcohol to a person who was visibly intoxicated and that person later caused injury to someone else.

These cases require evidence that the establishment continued to serve someone who was clearly impaired. Witness testimony and surveillance footage may be used to demonstrate how the alcohol was served and in what condition the person appeared at the time.

Let a South Bend Car Accident Lawyer at Wilson & Kinsman, LLC Fight to Protect Your Rights

Drunk driving accidents cause serious harm and financial stress, but our skilled South Bend car accident lawyers at Wilson & Kinsman, LLC can help. Call 574-522-1900, book online now, or submit a form for your free consultation. Located in Elkhart and South Bend, Indiana, we serve clients in St. Joseph County and throughout the state.