Yes, you can face a civil lawsuit for a DUI-related accident, in addition to any criminal charges you may be facing. While the criminal justice system punishes the offense, the civil court system provides a way for those harmed to seek compensation.
You could win your DUI case and still lose a civil case against you. This is because civil cases can be won with weaker evidence. Instead of proving you were guilty beyond a reasonable doubt, the plaintiff must show you were more likely than not to have caused the crash.
When you’re involved in a DUI-related accident in Los Angeles or anywhere else, the legal consequences can extend far beyond criminal penalties. Speak with our Los Angeles DUI lawyers if you have questions about a civil lawsuit related to a DUI crash.
Civil Lawsuits in DUI-Related Cases
A civil lawsuit for a DUI wreck involves the injured party (the plaintiff) seeking financial compensation from the drunk driver (the defendant) for damages resulting from the accident. These damages include medical expenses, lost wages, property damage, pain and suffering, and others.
There are several types of civil lawsuits you might face. The type will depend on the accident:
- Personal Injury Lawsuits: If someone was injured in the accident, they might file a personal injury lawsuit against you. This could include passengers in your vehicle, occupants of other vehicles, or even pedestrians. This is the most common type.
- Wrongful Death Lawsuits: In the tragic event that someone lost their life in the DUI-related accident, their family members might file a wrongful death lawsuit seeking compensation for their loss.
- Property Damage Lawsuits: Even if no one was injured, you could face lawsuits for damage to vehicles, structures, or other property involved in the accident.
Potential Damages in a DUI-Related Civil Lawsuit
If you’re liable in a civil lawsuit related to a DUI accident, you may be required to pay various damages. These can be substantial and may have long-lasting financial impacts. These compensatory damages are meant to reimburse the plaintiff for their losses.
In some cases, you might also face punitive damages. These are not meant to compensate the plaintiff but to punish the defendant and deter similar behavior in the future. Punitive damages are more likely in DUI cases because driving under the influence is seen as particularly reckless behavior.
It’s crucial to understand that these damages can far exceed any fines or penalties imposed in criminal court, potentially reaching hundreds of thousands or even millions of dollars, depending on the accident’s severity and injuries.
Civil Cases and Insurance
The costs of damages in civil cases are why all drivers must carry auto insurance. If you carry liability insurance as required by California law and are at fault for an accident, your insurer will usually work to settle your claim up to the policy limit.
However, if you drive without insurance or do not have enough to pay for the damages suffered by the plaintiffs, you may be ordered to pay out of your own pocket. The court could seize property or garnish your wages.
Also, some insurers have clauses that exclude coverage for intentional acts of criminal behavior. A DUI conviction might fall into this category, making you liable for all damages. Whether this applies to you will depend on your policy and insurance company.
How Criminal Charges Affect Civil Lawsuits
While DUI-related criminal and civil cases are separate, the outcome of your criminal case can significantly impact a related civil lawsuit. If you’re convicted of a DUI in criminal court, this can be used as evidence of negligence in a civil case.
In legal terms, this is known as “negligence per se,” meaning that the act of driving under the influence is inherently negligent. This can make it much easier for the plaintiff to prove their case against you in civil court.
Even if you plead no contest to DUI charges, this can still be used against you in a civil case. It’s important to consider the potential civil implications before making decisions in your criminal case. Our lawyers can give you legal advice about this.
Seeking Legal Guidance When Facing a DUI-Related Civil Lawsuit
Facing a civil lawsuit for a DUI-related accident can be a complex and stressful experience with potentially severe consequences. If you are in this situation, seek experienced legal representation immediately.
A knowledgeable attorney can help you through both the criminal and civil aspects of your case, working to minimize the impact on your life and finances. They can negotiate with insurance companies, represent you in court proceedings, and advise you on the best action.
Contact Los Angeles DUI Attorney today to discuss your situation and learn how we can assist you in protecting your rights and your finances.