How does a DUI Manslaughter charge affect a civil case against a drunk driver in Orlando Florida?
Some drunk drivers end up killing people on or around the road while they are driving recklessly. In these situations, the state will charge them with DUI manslaughter for killing someone while driving drunk rather than just holding them accountable for their intoxicated driving. Manslaughter charges function like a lesser degree of murder, where a person is engaged in some kind of reckless and illegal behavior that causes another to die.
Drunk driver in Orlando is charged with DUI manslaughter
The Orlando Sentinel reported that a deadly crash was caused by a drunk man on the intersection of Universal Drive and Destination Parkway. The drunk driver hit a car from behind that was waiting at a red light at about 2:30 am on a Saturday morning, and that collision pushed the car into two others. The man who was hit from behind in the initial impact died later after he was pulled from a burning vehicle, while the two drivers of the other cars were apparently not injured.
The drunk driver also fled the scene of the crash on foot, but the Orange County Sheriff’s office caught him at a hotel later that day. He was initially taken to the hospital, then booked at Orange County Jail and charged with DUI manslaughter.
What is DUI manslaughter?
When someone drives under the influence and causes the death of another, they are charged with DUI manslaughter. There are some crimes in the law, such as felony murder, which enhance penalties for those that cause the death of another while engaged in some other crime. DUI manslaughter works in a similar manner, even if there is no intent to harm another person but only a reckless act of drunk driving. DUI manslaughter is a felony, and the penalty for such a crime is several years in jail in most cases, because this is an act that is as serious as murder.
The effect on a civil lawsuit
While the related criminal charges can be considered evidence of negligence, the process for filing a lawsuit is not much different from a car accident where someone dies. The attorney will have to prove that the driver’s recklessness or negligence caused injury or death to another person on the road. The fact that the driver was charged criminally will be helpful, as evidence of impairment can be used to show that they breached the normal duty of care expected of a driver in the related wrongful death case. Generally speaking, if evidence of a DUI manslaughter charge related to the same accident is introduced, it will be difficult for the defendant to win the case. Often this means there will probably be a settlement with the victim’s family.
In all drunk driving cases, it is still important to speak to a lawyer about your particular case. Defense attorneys do have various ways of helping their clients as well, and it is important to provide your attorney with as much specific evidence and information as possible.
A lawyer can help after a drunk driver caused trouble for you
After a drunk driver injures or kills someone you know, it is important to file a lawsuit as soon as possible. Even if the driver is never convicted or charged criminally, you still have the right to bring a civil lawsuit to be compensated for things like medical expenses and emotional pain and suffering caused by the trauma of the accident.
Graham Law Group LLC has been helping injured people and their families in Orlando and throughout central Florida.
