What remedies are available to victims of drunk drivers in Birmingham?

Birmingham, AL – Drunk drivers cause all kinds of harm on the roads in Birmingham and other cities in Alabama each year. When a drunk driving incident happens, it is likely that the police will arrive on the scene and start an investigation on the scene to determine if the driver was impaired at the time of the collision. While the government controls much of this process, the victim can bring their own separate lawsuit from the civil court system regardless of the outcome of the criminal charges. 

Negligence cases against drunk drivers

A drunk driver is always going to need to be found liable in a negligence lawsuit for the plaintiff to collect money through a settlement or jury verdict. This is true whether or not the driver was found guilty of violating driving under the influence laws in criminal court. The negligence case is the civil court system’s way of making a person who is responsible for injuries and property damage liable for any damage that they caused. The plaintiff in a negligence case must prove a breach of the standard duty of care on the roads that resulted in damages, which can be assisted by evidence of drunk driving. The burden of proof on the plaintiff in civil court is actually lower than what the government must show to get a conviction in criminal court. 

Damages for victims

A civil lawsuit is filed for the purpose of compensation for the plaintiff. In most cases, there will be a resolution through settlement negotiations rather than a trial which includes more expenses and the risk of loss. Compensation is always divided into a few different categories of damages.

Economic damages are for specific losses that can be summarized through documentation and other types of evidence. Common examples are medical bills, repair estimates, and wage statements to prove lost income. If the victim was injured to the point where they need long term medical treatment or can no longer work in their given career, the damages will be substantial. 

Non-economic damages have a different purpose. They compensate accident victims for physical pain, trauma, mental health issues, quality of life issues, and other effects on their daily life. 

Punitive damages may be available in limited situations, but drunk driving crashes can possibly cause the defendant to have to make punitive damage payments to the victim. Under Alabama law, cases must involve fraud, malice, or actions that show reckless disregard for the safety of others. A skilled injury attorney can argue that drunk driving was in fact a reckless act without regard for public safety. 

Legal help after an accident

USAttorneys.com contains listings of lawyers who can help after a drunk driving accident in Birmingham. Anyone who needs to speak to a local attorney can browse the site’s listings by state and practice area.