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DUI / DWI Resources
Can I Be Sued If My DUI Causes An Injury
If you have been charged with DUI following an accident, you could also face a civil lawsuit. Because of the negative publicity associated with drunk driving accidents, such lawsuits can result in large jury verdicts. However, you have an excellent chance of winning the case or at least limiting your liability if you immediately consult an attorney.
Defending A DUI Lawsuit
Even though you may have violated the law, the plaintiffs are not automatically entitled to compensation. They must prove that your intoxication caused the accident. In many DUI cases, an experienced attorney can persuade the court that the accident was unavoidable. If, for instance, the other driver pulled out in front of you, leaving you no time to stop, you might be entitled to a dismissal.
Even if you might have been able to avoid the accident if you were sober, an attorney can argue that the other party was partially to blame. Under the doctrine of comparative negligence, you would only have to pay a certain percentage of the damages, equal to your share of the blame. If the other person's injuries are worth $100,000 and you were 40 percent at fault, you would only have to pay $40,000.
How An Attorney Can Help
Civil litigation is complex and expensive. The plaintiff must navigate through many obstacles before winning a judgment against you. Defense attorneys are specifically trained to make it difficult for plaintiffs to obtain jury verdicts by raising various defenses, including:
- Procedural violations - Plaintiffs must comply with many rules, including filing deadlines and statutes of limitations. An attorney may be able to get the case dismissed by identifying procedural defects.
- Insufficient evidence - The plaintiff must prove that your conduct caused the accident. If there is no evidence that you could have avoided the accident, the plaintiff is not entitled to present the case to the jury.
- Suppressing Evidence - Plaintiffs often try to rely on irrelevant, inflammatory or illegally obtained evidence. An attorney may be able to persuade the court to suppress improper evidence.
Contact An Attorney Today
The legal system treats those charged with DUI with suspicion, but an experienced DUI attorney can ensure that your rights are protected. Even if you settle before trial, an attorney can help you negotiate the best possible deal. If you were involved in an accident while intoxicated, you cannot afford to wait. Contact an attorney today, and begin preparing your case.