Do DUI Criminal Cases Affect Civil Cases?
State law enforcement is known to be tough on drunk drivers, and it is very likely that your case will coincide with criminal court proceedings concerning the at-fault party’s charge for driving under the influence (DUI).
Criminal court is, however, an entirely separate entity from civil court, where you will be taking legal action. Thus, their
DUI charges will not have any impact on your civil court case. You do not even need the at-fault party to be convicted of a DUI to win your case, since a person is liable for any injury they cause to another in an accident — regardless of whether alcohol was involved.
For example, a driver may be held responsible for an accident if they committed any of the following negligent acts:
- Driving recklessly
- Speeding
- Making unsafe lane changes
- Failing to yield the right of way
- Ignoring stop signs or red lights
- Violating traffic laws
Therefore, even if they are found to be not guilty of a DUI, you may still be entitled to compensation as long as you were not at all liable for the
car accident yourself. If you are found to be even 1% at fault, the state’s contributory negligence rule will deem you ineligible for compensation.
How a Drunk Driving Accident Lawyer Can Help You
Due to the state’s rule of contributory negligence, DUI accident cases can be difficult for injured individuals to navigate. Our Fairfax drunk driving accident attorneys at Ashcraft & Gerel can help you investigate your case and gather evidence to strengthen it. We will utilize all our resources and explore all available avenues in our fight for your full compensation, which may include pain and suffering, medical expenses, vehicular damage, missed time from work, and more.
