Suing for damages against a drunk driver is a tricky proposition. It shouldn't be. Anyone who gets behind the wheel of a car after drinking alcohol knows that they are breaking the law and taking a huge risk. Many people are killed by drunk drivers every year and even more are injured. Suing for damages against a drunk driver should never be necessary but when it is here's what you should know.
What Should You Do?
When you are in an accident with a drunk driver then you could just seek to file the usual insurance claims and be done with it or you can take it a step further. While submitting the usual insurance claims should definitely be your opening move, you also want to be aware that the exigent circumstances in a case like these may entitle you to more than the usual amount of a car accident settlement. These extra awards are known as punitive damages and you should know all about them if you are in an accident with a drunk driver.
Punitive Damages
Punitive damages are damages that are basically awarded to teach someone a lesson and to deter individuals from repeating certain acts. Drunk driving is a conscious choice to endanger the well being and lives of those around you as well as yourself. Anyone who engages in this risky, careless, and extremely dangerous behavior deserves to pay for it and punitive damages are how they are made to pay. The fact that their crime was intentional and wanton or malicious means that such punitive damages are usually merited. (See also damages available if injured by a drunk driver).
Will A Jury Take Your Side?
If you do sue a drunk driver for personal injury and damages, and you are wholly innocent in the incident then how do you think a jury will react? The truth is that juries tend to understand that drunk drivers have committed a terrible crime even by risking driving while intoxicated. The fact that you survived the incident is a stroke of luck because you could just as easily not have. A jury will sympathize.
When You Want To Sue You Need A Lawyer
A lawyer will take your case and work to get you your damages. Drunk driving is a heinous crime because it is a willful act that everyone in our society is well aware often leads in the death or debilitated conditions in innocent people. Your lawyer can help you get your damages and teach the drunk driver a lesson they won't soon forget.
