Drunk driving is against the law. The law prohibits impaired driving in part because of the risk that intoxicated motorists create for others in traffic.
When a drunk driver causes a crash, the people affected by the collision may be able to file an insurance claim. Sadly, the cost of the collision could prove far higher than the coverage available after a wreck. If insurance coverage is insufficient, a lawsuit against the intoxicated driver could be a means of securing reasonable compensation.
Does the option of litigation disappear in cases where the state prosecutes a drunk driver?
Double jeopardy rules do not apply to lawsuits
Many people are familiar with the legal concept of double jeopardy. They know that one person should not face consequences repeatedly for the same incident.
They may misunderstand this important legal protection and believe they cannot hold a drunk driver accountable if they plead guilty to or get convicted of an impaired driving offense in criminal court. Thankfully, double jeopardy protections only apply to prosecution by the government.
Civil lawsuits brought by affected individuals are not the same thing as repeat prosecution by the government. Those affected by a drunk driving crash can take legal action against a convicted drunk driver. They can also file lawsuits in cases where the state does not have enough credible evidence to secure a conviction.
Dealing with the aftermath of a drunk driving collision can be a frustrating, lengthy process. Injured people and grieving families may require support as they learn about their rights. The guidance of a lawyer can be helpful for those unsure of how to handle the aftermath of a drunk driving crash.
