Drunk-driving car accidents are often extremely chaotic. These accidents tend to be more devastating and often result in criminal prosecution.
After being injured by a drunk driver, you will understandably want to recover compensation, but you might now know how the driver’s conviction fits in. A drunk driver’s conviction in criminal court can usually tell you how strong your civil case will be. The burden of proof is high in criminal cases, so a conviction there bodes well for your civil claim. Other parties could also be liable for your injuries, like if a bar served the driver before they injured you.
If you were hurt in a car accident by a drunk driver, our Chicago personal injury attorneys can review your case for free when you call the Rhatigan Law Offices today at (312) 578-8502.
Will a Drunk Driver’s Conviction Prove Your Car Accident Case in Chicago?
Being injured in a drunk driving accident can be reeling for victims, who might not know what options they have to recover compensation. Most people understand that a drunk driver will usually be arrested for the crime, followed by a criminal prosecution by the state. If a drunk driver injured you, you might wonder how their conviction can help you in a civil lawsuit.
Criminal cases can be a great indicator of your chances of success in a civil case. This is because the burden of proof in a criminal case is “beyond a reasonable doubt.” If a drunk driver is convicted, there is enough evidence to convince the jury beyond a reasonable doubt that the driver was guilty of DUI.
In contrast, the burden of proof in a civil case is only a “preponderance of the evidence,” which is simply legal jargon for proving that it was more likely than not that the driver caused your injuries. This is a much lower standard, so it stands to reason that if the drunk driver were convicted under a criminal court’s burden of proof, they would likely be liable in a civil case.
However, a driver’s conviction is not the end of what must be done in your case. While a drunk driving conviction will usually serve as evidence of negligence in a car accident lawsuit, you will still need to submit other evidence to support your claim. You will need to prove the damages you have suffered and that your current injuries were caused by this drunk driving accident. Our Illinois personal injury attorneys can help you determine how a drunk driver’s conviction can be used in your civil case.
How Can a Drunk Driver’s Conviction Help Your Car Accident Case?
Our car accident lawyers can explain all the ways a drunk driver’s DUI conviction can benefit your personal injury case in Chicago.
Proof of Negligence
To prove your lawsuit, we must demonstrate that the defendant breached the duty of care they owed to you. Drunk driving is a clear violation of a driver’s duty of care to follow traffic rules, and our lawyers can use their conviction as evidence that they were drunk during the crash.
If the other driver is arrested, charged, and convicted for a DUI, there will likely be blood or breath tests, as well as other evidence, that prove this. We may reference this during your lawsuit to establish that the defendant was intoxicated or impaired by illicit substances.
Settlement Leverage
Suppose the drunk driver who hit you in Chicago is arrested and convicted of a Class A misdemeanor for driving while under the influence of alcohol. That may give us considerable leverage during settlement negotiations. Since a criminal conviction helps us prove the other driver was drunk, negligent, and is liable for your injuries, we may use it to get a much larger settlement.
Personal injury trials often favor drunk driving victims, and defendants know that. Suppose the defendant is already facing possible jail time or fines because of a criminal conviction. In that case, they may agree to settle in your favor out of court to resolve the matter as quickly and privately as possible.
Chance of Punitive Damages
Drunk driving is not just negligent; it’s exceptionally reckless. Acting with a conscious disregard for the safety of others, such as by driving under the influence, makes defendants liable for punitive damages. Judges and juries award punitive damages to make an example out of a defendant and stop them from repeating the same behavior.
Does a Drunk Driver’s DUI Conviction Always Help a Car Accident Case?
Even if the drunk driver is convicted after your accident in Chicago, that doesn’t automatically help your case. A conviction doesn’t guarantee fair or fast compensation, so don’t think your case is won just because the defendant is facing fines or even possibly jail time.
A DUI conviction alone is not enough to prove a car accident lawsuit. While a drunk driving conviction will usually serve as evidence of negligence in a car accident lawsuit, you will still need to submit other evidence to support your claim. You will need to prove the damages you have suffered and that your current injuries were caused by this drunk driving accident. Our Illinois personal injury attorneys can help you determine how a drunk driver’s conviction can be used in your civil case.
Since you may need compensation sooner than the defendant’s DUI case ends, they might not be convicted by the time you sue. You shouldn’t delay filing a lawsuit based on the defendant’s DUI case status, and our lawyers can help you bring a strong, successful claim as soon as possible.
FAQs About Drunk Driving Convictions and Car Accident Injury Cases in Chicago
Ask our lawyers whatever questions you have about seeking compensation from a drunk driver in Chicago.
What Are the Chances of a Drunk Driving Conviction?
If you call the police to the scene and they believe the other driver is under the influence, they may perform breath tests, field sobriety tests, or other assessments, and might arrest the driver for a DUI. Since concrete evidence, such as blood and chemical tests, can prove blood alcohol content, the chances of that driver being convicted of an offense and our lawyers being able to use that to help your civil case are relatively high.
Do I Still Need a Lawyer for My Lawsuit if the Drunk Driver is Convicted?
You should still get a lawyer, even if your lawsuit is against a driver who was also convicted of a DUI for the same incident. Remember, a conviction alone doesn’t guarantee compensation, and we must still satisfy all elements of a lawsuit. In addition to proving the defendant was drunk, we must also prove that their drunkenness caused the accident, making them liable.
Does a Drunk Driver’s Conviction Give Me Longer to Sue?
The driver who hit you getting arrested for drunk driving doesn’t automatically extend the statute of limitations for a personal injury claim. Still, it could complicate your case, especially if the driver’s criminal case takes a long time. The statute of limitations is two years, although additional time may be granted if the defendant leaves the state or if an alterntive exception is applicable.
How Do I Use a Drunk Driver’s Conviction to Help My Case?
To effectively use a drunk driver’s conviction to benefit your case, turn to our lawyers. The conviction alone doesn’t prove that their drunkenness caused the accident, only that they were drunk at the time. Questioning the defendant about their arrest and conviction during their testimony may also benefit your case.
How Can I Document a Driver’s Drunkenness to Help My Case?
To document the other driver’s intoxication, call the police. Always call 911, especially if you are injured or believe the other driver is under the influence of drugs or alcohol.
How Do I Know if a Drunk Driver is Convicted?
When preparing your case, our lawyers can determine whether the other driver was arrested and if they are currently facing charges or have already been convicted.
Can You File a Lawsuit Against a Drunk Driver If They Are Not Convicted in Chicago?
If a driver is not convicted of drunk driving, or worse, not even charged, you can still recover compensation in civil court. There is no requirement that drunk drivers be charged or convicted before they can be sued. This happens more commonly than people think. Chicago prosecutors are overwhelmed, leading to many drunk driving cases being pleaded down to lesser charges or outright dismissed. None of this bars you from filing a lawsuit.
Illinois is an at-fault state, meaning you can recover compensation directly from the party who injured you. If a drunk driver is at fault, they can be sued for their negligence, just like any other driver. This difference is that you are likely entitled to far more damages from a drunk driver than from a driver liable for ordinary negligence.
You could also file an insurance claim against the drunk driver’s liability insurance. However, if your injuries are severe, the compensation you will need will likely exceed the coverage amounts provided by insurance. Thus, a lawsuit is usually the best way to protect your legal and financial interests. Our Naperville personal injury attorneys can help you prepare your lawsuit, regardless of whether the drunk driver who injured you was convicted.
How to Prove a Car Accident Case Against a Drunk Driver in Chicago
Even if the driver who injured you is convicted of drunk driving, you will still need to submit various forms of evidence to prove your Chicago lawsuit. If there is a criminal trial, much of the evidence used by the prosecution to convict the driver will be the same evidence that proves liability in your civil case. However, you must still present evidence of your injuries and sufficient proof that your injuries were caused by this accident and not a preexisting condition.
To that end, our personal injury attorneys can help gather the evidence you need from the multiple sources that possess it. The following are common types of evidence used by our personal injury attorneys in a Chicago lawsuit:
- Police accident reports
- Blood-alcohol report
- Medical records
- Surveillance footage
- Witness statements
- Physical evidence from the scene
- Photographs from the scene
- Expert witness testimony
- Financial documents
Some of this evidence can be relatively easy to gather, as it technically belongs to you, such as your medical records. However, obtaining other evidence may be more challenging without our lawyers’ assistance. Our personal injury attorneys know how to get the evidence you need to recover the compensation you deserve.
Other Parties Who Can Be Held Liable for Drunk Driving Car Accidents in Chicago
While the drunk driver who injured you will be the party most likely responsible for your injuries, they might not be the only ones who should be held liable. Under Illinois’ “dram shop” law, also known as the Liquor Control Act, establishments that serve alcohol, like bars and restaurants, can be held liable for injuries in a drunk driving accident if they served alcohol to an intoxicated person.
In Illinois, it is typically easier to establish liability in these situations than in other states. This is because Illinois dram shop law does not require you to prove that the establishment knew the person was drunk when they served them or showed signs of intoxication, only that they served the driver, causing their intoxication and subsequent accident. Our Naperville car accident lawyers can review your case to determine all the parties that should be named in your lawsuit.
Our Chicago Car Accident Attorneys Can Help
If a drunk driver injured you, get help from our experienced Joilet personal injury attorneys. Speak with our team at Rhatigan Law Offices by calling (312) 578-8502 for a free case review.
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