If a drunk driver caused your accident, the at-fault driver will likely have been charged with DWI. However, this is a criminal case. The victims of the drunk driving accident may also be able to file a civil claim. This claim would be negligence against the driver. The plaintiff’s attorney must prove that the defendant was negligent and that their negligence caused or contributed to the accident. The accident which, in turn, caused injuries. Lawsuits may also be filed against drinking establishments (i.e. bars or restaurants). This is for giving a person alcohol knowing that they were going to be driving. This is the dram shop liability law.
It is also important to discuss when evaluating a drunk driving accident, punitive damages. These damages are generally reserved for very serious accidents. Accidents that the victim was severely injured due to certain types of negligence. Punitive damages act as a penalty for actions of the negligent party. These are damages on top of the compensatory damages that a victim should already be receiving for medical and property damage.
In cases involving an individual who dies in an auto accident as a result of a drunk driver, the surviving family members of the victim can bring a wrongful death lawsuit.