Drunk drivers kill thousands of Americans every year. In the year 2014 alone, as per the Department of Motor Vehicles 9,967 people were killed in accidents alcohol induced accidents. This is more people dead than all the soldiers who have died in the Iraq and Afghanistan Theater. And when a drunk driver kills someone, sometimes they only get a few years in prison!
However, impaired driving refers to more than just alcohol impairment. It also involves prescription drugs, and recreational street drugs. Furthermore, tens of thousands of people are also injured in drunk driving accidents.
Civil lawsuit vs. Criminal lawsuit against drunk drivers
Drunk driving, obviously, is a crime which is punishable by law in all fifty states of the country. According to legal counselors who work in this legal category, anyone convicted of drunk driving will be criminally prosecuted and will have to face the legal consequences of his or her actions. State prosecutors will ensure to file criminal charges against any suspected drunk drivers.
While these criminal charges and cases will serve to punish the offender personally, it does little to nothing for the betterment of the plight of the drunken driver’s victims.
According to the FBI, in 2012, drivers with a BAC of .08% or more and who were involved in in fatal crashes were seven times more likely to have a previous DUI conviction than drivers who did not consume any alcohol. This type of recidivism rate is nothing to smile about.
This is precisely why all states allow for victims of drunk drivers who are injured or the estate of victims who was killed due to a drunk driver’s negligence to file a civil lawsuit against the drunk driver or his or her auto insurance company. The civil lawsuit can be a personal injury, a wrongful death, or a property damage lawsuit depending on what exactly transpired in the case.
Another aspect of a civil lawsuit against a drunk driver which needs to be mentioned is the fact that the lawsuit is independent of the criminal case against the driver and so the evidence cannot be interchanged between the two lawsuits. The only thing that a plaintiff of a civil lawsuit can use as evidence from the criminal lawsuit itself is the outcome of the criminal lawsuit.
This is why some drunk drivers are advised by their legal team to plead with ‘no contest’ instead of pleading guilty so that even the outcome of the criminal case cannot be used against the drunk driver in any civil lawsuits.
This is why you need to get on USAttorneys.com so you can secure that coveted legal help. This type of legal advice can literally save your life. You do not want to cost yourself tens of thousands of dollars or even your home because you made a bonehead legal decision. You need to that legal representative and you need to listen to what they say.
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Burden of proof
Like with any other civil lawsuit, the burden of proof in a lawsuit against a drunk driver will also lie on the shoulders of the plaintiff. This means that it is the responsibility of the person who has filed the lawsuit to prove the claims within it with all of the necessary evidence.
USAttorneys.com caters to everyone in legal need
Proving a lawsuit requires tact, experience, and a thorough comprehension of state law. An illustrious drunk driving accident lawyer in Louisiana will be able to assist you in not only building and filing a lawsuit, but will also help you gather the required evidence and present your case and evidence effectively in court. Talk to a lawyer today to weigh your options.