Does a drunk driving accident victim in Boston need to prove intoxication to win their lawsuit?

Boston, MA – Drunk drivers can be charged with criminal penalties for their actions, but for many accident victims, receiving compensation is just as important. When considering a civil lawsuit for compensation, it is important for the person bringing the case to understand how this process works and how it can be different from a criminal case brought by the state. Attorneys near me can provide information about these differences and how to increase the prospects of winning the case. 

Important aspects of civil cases involving drunk drivers

Civil lawsuits for compensation against drunk drivers are much different from criminal changes brought by the state. In the civil case, the victim only needs to prove that the defendant driver was negligent and that they actually caused their injuries. Evidence of intoxication can be important, as are other traffic violations such as speeding or going through red lights. The plaintiff in the civil case can also potentially win their case regardless of whether the defendant was actually convicted in civil court or not. In other words, the plaintiff can still win their case and get compensation through a settlement or jury verdict without proving the specifics of whether the defendant was drunk or not at the time of the crash. 

Criminal cases and proof of intoxication

In a criminal case against the defendant for drunk driving, the state will need to prove the elements of the DUI charges. This involves showing the use of drugs or alcohol through a chemical test, as well as proving that the person was under the influence of these substances when they were operating a motor vehicle. This is in contrast to the civil lawsuit, where the driver can be found to be negligent for various reasons and be made to pay compensation to the plaintiff. There is also a higher burden of proof in a criminal case, as the elements of the crime need to be shown beyond all reasonable doubt. 

Compensation for victims

It is crucial for the victim to get compensation that is sufficient to cover all of their losses. Boston DUI accident lawyers assist with this process. The attorney should negotiate for things like medical costs, lost wages, pain and suffering, and the costs of vehicle repairs. Depending on the specifics of the injuries, these losses can become very large, especially if the person is disabled or no longer able to work as normal after the crash. These amounts are normally paid out through settlements after a negotiation.  

Contacting a local attorney for help

There are Boston accident lawyers who can provide additional information about any of these matters. USAttorneys.com is a directory that gets people connected with the right legal professionals anywhere in the country.