DUI driver-related accidents — drivers in a vehicle who are drunk or high — rank among the most tragic and avoidable occurrences on the road. Thousands of individuals are injured each year, and countless others die because a person decided to drive drunk.
In this article, you will discover how DUI accidents occur, the legal punishment for drunk drivers, the victims’ rights, and what to do if you get into an accident with a DUI driver.
Understanding DUI and Its Impact on Driving Ability
Driving Under the Influence (DUI) impairs a person’s ability to operate a vehicle safely. Alcohol and drugs affect critical skills necessary for driving, including:
- Judgment
- Reaction time
- Coordination
- Concentration
- Vision
Even small amounts of alcohol or controlled substances can significantly increase the risk of causing an accident. In many states, a blood alcohol concentration (BAC) of 0.08% or higher constitutes legal intoxication, but impairment can begin even at lower levels.
How DUI Accidents Commonly Occur
When an accident is caused by a DUI driver, they may face serious criminal and civil consequences.
Legal Consequences for DUI Drivers
When an accident is caused by a DUI driver, they may face serious criminal and civil consequences.
Criminal Penalties
Criminal charges for DUI accidents often include:
- Driving under the influence (DUI) charges
- Vehicular assault (if someone is injured)
- Vehicular manslaughter (if someone is killed)
- Felony DUI for repeat offenders or severe injury cases
Convictions can lead to hefty fines, loss of driving privileges, mandatory alcohol education programs, probation, or even long-term imprisonment.
Civil Liability
Beyond criminal penalties, DUI drivers can be held civilly liable for the damages they cause. Victims may pursue compensation through personal injury lawsuits, which can include:
- Medical expenses
- Lost income
- Pain and suffering
- Emotional distress
- Property damage
In some cases, courts may award punitive damages to punish especially reckless behavior and deter others from driving under the influence.
Victim’s Rights After a DUI Accident
Victims of DUI accidents have important legal rights. They can seek full financial recovery for the physical, emotional, and financial harm suffered. Some rights include:
- Filing an insurance claim against the DUI driver’s auto insurance.
- Filing a personal injury lawsuit for additional damages not covered by insurance.
- Seeking compensation from third parties, such as bars or restaurants that overserved the driver under “dram shop” laws (depending on the state).
In fatal accident cases, surviving family members can file wrongful death lawsuits to recover damages like funeral costs, lost future earnings, and the loss of companionship.
Proving Liability in DUI Accident Cases
In most cases, proving that a driver was intoxicated at the time of the accident is powerful evidence of negligence. Evidence used to prove liability may include:
- Police reports
- Field sobriety tests
- Breathalyzer or blood test results
- Eyewitness statements
- Dashcam or surveillance footage
An experienced DUI accident lawyer can collect and present the evidence needed to build a strong case against the impaired driver.
Dram Shop Liability and Third Parties
In some states, victims may also pursue claims against third parties who contributed to the accident. Dram shop laws allow lawsuits against businesses that:
- Served alcohol to an obviously intoxicated person
- Served alcohol to a minor who then caused an accident
Social hosts (private individuals who throw parties) may also be liable in some jurisdictions if they knowingly served alcohol to minors.
Understanding dram shop liability is important because it may offer additional sources of compensation for victims, especially if the DUI driver has limited insurance coverage or personal assets.
Insurance Issues in DUI Accident Cases
Insurance coverage often plays a major role in DUI accident cases. However, issues can arise, such as:
- Insufficient coverage: Many DUI drivers carry only minimum liability insurance, which may not fully cover a victim’s damages.
- Denied claims: Some insurance companies may try to deny claims or delay payments, despite clear evidence of DUI.
Victims may need to pursue underinsured motorist coverage through their own insurance policies or file personal injury lawsuits to recover the full value of their losses.
An attorney can negotiate with insurance companies and ensure that victims receive fair compensation.
Steps to Take After a DUI Accident
If you are involved in an accident caused by a suspected DUI driver, you should:
- Call 911: Report the accident and request medical assistance and police presence.
- Seek medical attention: Even if injuries seem minor, some symptoms may appear later.
- Document the scene: Take photographs of the vehicles, injuries, road conditions, and surroundings.
- Gather witness information: Collect names, phone numbers, and addresses of any witnesses.
- Cooperate with law enforcement: Provide a clear and honest account, but avoid discussing fault at the scene.
- Contact an experienced personal injury lawyer: Protect your rights and start building your case immediately.
The Importance of Hiring a DUI Accident Lawyer
Navigating the aftermath of a DUI accident can be overwhelming. An experienced attorney can help by:
- Investigating the crash and gathering crucial evidence
- Dealing with law enforcement and insurance companies
- Calculating the full extent of your damages
- Negotiating for fair settlements or taking the case to trial
- Exploring additional avenues for compensation through dram shop claims
Legal representation ensures that victims are not further victimized by insurance tactics or procedural hurdles.
About the Author
Neil Bhartia
Neil Bhartia isn’t your typical, stuffy attorney that you see on TV. While some have their sights exclusively on money and treat their clients like a number, Neil takes a personal interest in every single client he has. As an empath, Neil understands that people that seek legal help are typically in an involuntary, and stressful situation, and he goes out of his way to diffuse the stress and educate clients on each every detail of the legal process.
