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Suing a Drunk Driver
A drunk driving accident may have injured you or a loved one. Lost, confused, and angry? We understand. We can’t change the past, but legal action can ensure the wrongdoer is punished and your family is compensated.
If you’re still struggling with the aftermath of a drunk driving accident, here’s what you need to know about your options to move forward.
What Counts as Drunk Driving?
Drunk drivers have blood alcohol levels above the legal limit. The National Transportation Safety Board sets this limit at 0.08 percent BAC, but it can vary. For example, if the driver is a minor, the legal limit may be lower.
Ultimately, drunk drivers increase road danger. Understanding how to file a lawsuit and why public safety is so important in DUI and drug-related rulings are equally important.
What Are Wisconsin’s Legal Alcohol Limits?
Driving with any amount of alcohol can be illegal, but limits vary by state. All states follow the federal 0.08 BAC limit.
Some states use higher standards for graduated licensing and commercial drivers. Due to stricter CDL-holder laws, a driver’s BAC limit must be lower than 0.04 percent when driving a commercial vehicle like a bus or truck.
Even if the alcohol level is below the legal limit, “driving impaired” can result in serious legal consequences. This means that, even if they weren’t over the legal limit, they were putting other drivers in danger with their driving.
Before suing a drunk driver, victims should research their state’s alcohol laws. Too many drivers disregard legal limits and endanger lives.
How Does DUI Impact Drunk Driver Suits?
When suing a drunk driver, a DUI conviction is a major factor. In most U.S. states, driving with any level of intoxication is illegal. Even if a DUI conviction isn’t reached, however, the injured party may still sue.
To sue a drunk driver, the plaintiff must prove three things: that the driver was intoxicated, that their actions caused harm or damage, and that they were negligent. If there were no eyewitnesses or police can’t determine if intoxication caused the crash, this can be difficult.
Plaintiffs should know all their legal options for suing a drunk driver and recovering damages or injuries. Suing a drunk driver requires knowledge of what constitutes driving under the influence and evidence of negligence.
Driving cases require evidence of liability. Accident reports, witness statements, and medical records can support your claim. If another driver saw the crash or its aftermath, they can help your case.
Photos, videos, and medical bills can help prove the drunk driver’s negligence. In a personal injury lawsuit, post-accident blood-alcohol tests can prove a driver’s intoxication. Documenting why death or injuries occurred is crucial, especially in multi-vehicle collisions.
After gathering evidence and understanding state laws, you can sue the drunk driver in civil court. Preparing for this step ensures that all case details, including contact information for all car accident parties and proof of damages, are accurate. Before hearings and other proceedings, familiarize yourself with court procedures and protocols to file a civil suit and build an effective argument. Knowing what to expect will help you get justice from the negligent party.
Filing a Drunk Driver Civil Suit
After a tragedy, suing the drunk driver is crucial to getting justice. Criminal proceedings rarely compensate victims and their families for medical costs. Many victims file civil suits to receive court-awarded damages. While filing a civil suit may result in monetary compensation, there are several factors to consider.
The statute of limitations and legal fees must be considered before filing a civil suit against a drunk driver. Suing parties should be aware of state laws limiting civil suits. To ensure that all steps are taken legally and that any potential consequences are considered before litigation, legal counsel is necessary.
Get Help Suing a Drunk Driver
When you or a loved one has been injured or killed by a drunk driver, you may need help taking action to help you and your family recover. Drunk driving can turn deadly in an instant, so ensure you’re getting the support you need.
At the Law Offices of Gary S. Greenberg, we understand how tough it can be to recover and sue a drunk driver. That’s why we offer free consultations to new clients. If you’re struggling to get answers, reach out and learn more about your options. Call 414-271-7007 or complete the online contact form to learn more.