Drunk driving is a crime. People who cause crashes or fail chemical tests are likely to face driving while intoxicated (DWI) charges.
In some cases, those affected by drunk driving crashes might hope to file civil lawsuits in pursuit of compensation. If the driver at fault did not have insurance or their policy has minimal coverage, litigation might be the only way to recoup medical expenses, property damage losses and lost income caused by injuries. However, those affected by a drunk driving crash may believe they have no right to seek compensation if the state has already penalized the intoxicated motorist.
Can a DUI conviction interfere with the right to file a lawsuit?
Civil litigation differs from prosecution
Many people have heard of double jeopardy protections. Some people mistakenly assume that a criminal conviction for a DWI prevents a personal injury or wrongful death lawsuit.
Thankfully, double jeopardy protections do not strip people of the right to hold drunk drivers and other irresponsible parties accountable for unsafe conduct. They only prevent prosecutors from repeatedly bringing charges over the same situation.
A DWI conviction can provide evidence to support a lawsuit after a drunk driving crash. If a prosecutor has already proven beyond a reasonable doubt that a crime occurred, then plaintiffs may have a much easier time establishing that a preponderance of evidence supports their allegations, as that is a lower legal standard.
Discussing the circumstances of a drunk driving crash with a skilled legal team can help people evaluate their options for economic justice. A personal injury lawsuit could be an option for those with losses not covered by insurance.
