Can an intoxicated driver in Boca Raton be sued for causing an accident even if they are not charged criminally?

Boca Raton, FL – All drivers in Florida face the possibility of being hit and injured by another person who is intoxicated on the roads. The victim may have sudden expenses to repair their vehicle, get medical treatment, and they may lose money by not being able to work after the crash. An insurance claim may cover some of these losses, but there are limits on what most policies will pay out. For these reasons, victims of a drunk driving accident should look into a civil lawsuit against the person responsible as an important way to receive compensation.  

Civil and criminal liability

Civil and criminal cases proceed through different court systems, and there are different burdens of proof for each case. The civil accident case is also focused on proving the elements of negligence, while the elements for the criminal case are only meant to prove that the person was intoxicated while they drove. It is up to a local prosecutor to decide whether to pursue these charges after the incident.

It is possible that a person can be found to be negligent and liable for causing a car accident in civil court, even if they are not arrested, charged, or convicted for the same incident. There is also a chance that the person may be charged, but never convicted of DUI or similar crimes. They may still be sued in civil court without a conviction.  

Drunk driving and evidence of negligence

If there is evidence at the scene that the driver is intoxicated or has consumed alcohol, this may be crucial in a civil lawsuit and settlement negotiations. For a civil case, the driver does not necessarily need to be above the legal limit of .08 blood alcohol concentration after consuming alcohol. There merely needs to be sufficient evidence to show that they breached the standard duty of care required on the roads. If it is obvious that the driver had been drinking before causing the crash, it is likely that their attorneys will be willing to make a settlement agreement to end the case. 

The other elements of negligence, causation and damages, must also be demonstrated as well according to the relevant burden of proof. If any one of these elements of negligence are missing, the defendant will not be found liable for the victim’s losses. 

Firms in Florida that focus on drunk driving accidents

The Law Offices of Jeffrey A. Rosenberg is a firm that handles all person injury matters for their clients in the Boca Raton area. Anyone who has been hurt by a drunk driver can contact the firm for assistance with a lawsuit. 

Firm contact info:

The Law Offices of Jeffrey A. Rosenberg

5255 North Federal Highway, 3rd Floor, Boca Raton, Florida 33487

561-508-8800

rosenberginjurylaw.com