When a Drunk Driver Causes an Accident With Injuries, What Effect Does it Have on a Personal Injury Lawsuit?
The law firm of Shorstein & Lasnetski, LLC had a client who was injured when he was driving home from work in Jacksonville Beach, Florida at night and was hit by another driver who failed to yield and turned directly in front of our client. The other driver's negligent driving caused injuries to our client and totaled his car. When the Jacksonville Beach police arrived, they suspected the other driver was drunk and initiated a driving under the influence of alcohol (DUI) investigation. The other driver smelled of alcohol and was not able to balance on his feet very well. He was also combative and aggressive with the officer. After the officer determined that the other driver failed the field sobriety examination, the other driver was arrested for DUI and DUI with property damage. His breathalyzer results came back above the 0.08 legal limit.
In our client's personal injury case, we obviously focus on the other driver's negligent driving that clearly caused the accident. However, over and above that negligence, we assert that the other driver was reckless for driving while impaired by alcohol, and that a jury should award punitive damages for our client against the other driver. The Jacksonville Beach police officer's observations and field sobriety exams along with the breathalyzer results are strong evidence of the other driver's drunk driving. While the other driver's DUI case is still pending, if it results in a conviction and order of restitution, the other driver will be unable to deny that he was impaired by alcohol when he crashed into our client. A conviction for DUI and the criminal judge's order for the defendant to pay restitution pursuant to the crash has the effect of preventing the driver from denying in the civil case that he was drunk when the crash occurred. Therefore, when a person is injured in a crash by a drunk driver who is arrested for DUI, it is important for a personal injury or wrongful death attorney to stay apprised of the criminal case and make sure the prosecutor includes a restitution order with his offer if the defendant driver pleads to the charges or goes to trial and is found guilty. Once this is done and the defendant driver is prevented from denying the elements of the DUI with property damage in the civil case, the judge in the civil case will allow the injured plaintiff to request punitive damages against the defendant driver from the jury in the personal injury or wrongful death lawsuit. A determination that the defendant driver was drunk when he/she caused the crash is clear evidence that the defendant driver was driving recklessly which is a basis for allowing a jury to award punitive damages against a defendant driver.
