Bart Durham Personal Injury News & Blog

A DUI criminal case is different from a civil car accident case

Written by Bart Durham Injury Law | Jan 16, 2016 3:13:57 PM

What some people may not realize about drunk driving accidents is that they are considered criminal matters. Driving under the influence is a criminal act that is handled in a criminal court of law, which is an independent legal area from most matters of personal injury, which are treated in a civil court of law. The standards for civil and criminal courts are different, so you should never let the outcome of a criminal case concern you if you have a civil case.

What this means specifically for victims of drunk driving accidents, is that if you were injured in an accident in which you believe the other driver was intoxicated, the outcome of their DUI case does not necessarily mean anything for your personal injury case.

Consider, for instance, that the jury finds the driver not guilty of DUI. Perhaps the circumstances of the arrest were suspect or the BAC of the driver was not quite over the legal limit. You may fear that because the driver was found not guilty that your chances of recovering compensation will be lessened. The good news is that even if a criminal court of law determines that a driver was not guilty of DUI under the state's laws, that does not mean that the driver was not intoxicated at the time of the accident. Additionally, even if the driver was determined not to be intoxicated, that still does not mean that he or she was not at fault in the accident.

The law is very clear when it comes to personal injury cases. Whether or not the other driver was intoxicated, he or she may still be at fault in an accident and thus liable for your injuries. Establishing this liability could lead to compensation. Consider meeting with an attorney to learn more about your chances to recover compensation if you have been involved in a drunk driving accident.