Driving under the influence is illegal in all states, with a blood alcohol content (BAC) of .08 or higher being the standard threshold for intoxication. However, even if a driver’s BAC is below .08, they can still be too impaired to drive safely. Factors like weight, genetic makeup, and gender can influence how quickly someone reaches this BAC level. Alcohol consumption slows reaction times and can lead to erratic driving, increasing the likelihood of accidents.
Criminal vs. Civil Liability in Drunk Driving Cases
Many people assume that if a driver is acquitted of a drunk driving charge in criminal court, they are free from legal consequences. However, this is not the case. Even if a driver is not found criminally guilty, they may still be held liable in a civil lawsuit for injuries or fatalities caused by their drunk driving. The criminal and civil justice systems operate independently, with different standards of proof.
In criminal court, the burden of proof is “beyond a reasonable doubt,” a stringent standard. In civil court, however, the burden of proof is “preponderance of the evidence,” meaning the plaintiff must show that it is more likely than not that their version of events is correct. This lower standard of proof means that a driver can be held civilly liable for an accident even if they were not convicted in criminal court.
Dram Shop Liability: Holding Third Parties Accountable
In some states, victims of drunk driving accidents can pursue compensation not only from the driver but also from the establishment that served the driver alcohol. Known as “dram shop liability” laws, these regulations allow plaintiffs to sue bars or other entities that provided alcohol to a visibly intoxicated person who then caused an accident. Dram shop laws can be particularly useful when the drunk driver is uninsured or underinsured, as these establishments often have insurance policies that can cover damages.
Seeking Compensation: Economic, Noneconomic, and Punitive Damages
Victims of drunk driving accidents may be entitled to a variety of damages, both economic and noneconomic. Economic damages include tangible losses like past and future wage loss, medical bills, out-of-pocket expenses, household services, and vocational rehabilitation. Noneconomic damages refer to more subjective losses, such as pain and suffering, emotional distress, and loss of consortium.
In cases where the drunk driver’s actions were particularly egregious, victims may also seek punitive damages. Unlike compensatory damages, which aim to make the victim whole, punitive damages are intended to punish the wrongdoer and deter similar behavior in the future. For example, a drunk driver with prior DUI convictions who causes a fatal accident may be subject to punitive damages, especially if their actions were reckless and showed a disregard for human life.
Understanding Punitive Damages Awards
The U.S. Supreme Court has suggested that punitive damages should not exceed a single-digit ratio to compensatory damages in most cases. However, in cases involving extreme recklessness or malice, higher punitive awards may be justified. For instance, a jury might award significant punitive damages if the drunk driver was wealthy, had multiple DUI convictions, and was driving without a license at the time of a fatal accident.
On the other hand, if a driver’s impairment was due to a side effect of prescription medication and they had no prior history of impaired driving, a large punitive damages award might be considered excessive.
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