Drunk driving crashes can be incredibly dangerous and devastating. Unfortunately, it is the innocent driver that is often the most severely injured in these accidents. If you have been involved in a crash caused by a drunk driver, not only must you grapple with the physical, emotional, and financial tolls of such a traumatic event, but you must also understand your rights to seek justice and compensation. RisCassi & Davis, P.C. explains the legal rights available to pursue your case against the negligent party.
Drunk Driving Criminal Penalties — What it Can Mean for Your Case
If someone drives drunk and causes a car crash, they could face criminal charges that can lead to jail time and fines. Additionally, the court may require restitution — payments or services intended to make amends for harm caused. Unfortunately, restitution payments (assuming the drunk driver can afford to pay them) are rarely sufficient to cover a victim’s costs and other damages.
Proving Alcohol Intoxication is Beneficial for Your Case
Proving alcohol intoxication in court is a complex process, as the presence or absence of such has legal implications. Blood and breath tests are the most common methods used to measure the amount of alcohol concentration in the bloodstream or breath. A blood test requires a sample to be taken from an individual and analyzed in a laboratory. Blood tests are generally regarded as accurate but take time due to their lab-processed nature. Breath tests, meanwhile, use a measuring device called a breathalyzer that provides an immediate assessment of a driver’s level of impairment. However, breathalyzers are generally considered less accurate than a blood alcohol test. Other factors for consideration include eyewitness testimony and video evidence, such as dash or bodycam footage from the arresting police officer. Ultimately, all available evidence must be presented with guidance from legal representation to determine if an individual was intoxicated beyond the limit according to the law.
Types of Damages You Could Receive
Drunk driving can lead to life-altering consequences for all parties involved. Depending on your circumstances, you may be entitled to compensation from the drunk driver. Damages that could be recovered following an accident may include economic damages, such as medical expenses and lost income; non-economic damages, like pain and suffering and loss of quality of life; punitive damages or financial penalties intended to punish the accused offender. In some cases, you may even seek compensation to cover the cost of long-term care should you become permanently disabled. Unlike restitution payments in the criminal context, civil claims against a drunk driver may be covered by insurance, and other potentially responsible individuals could be legally obligated to cover your financial losses. For instance, if the drunk driver was overserved at a bar or restaurant, there may be a potential case against that business.
However, there are important legal deadlines in which to bring such cases, as well as any claim against a drunk driver. Keeping this in mind, it is critical to contact an experienced Connecticut personal injury attorney so that all possibilities for recovery are explored.
Let RisCassi & Davis, P.C. Be There for You
The Connecticut personal injury attorneys at RisCassi & Davis, P.C. have represented injured individuals for over 65 years. With our experience and knowledge of the local court systems, we know what it takes to get you the best possible outcome for your legal matter. Reach out to our dedicated team online or by phone so we can start fighting for you. (860) 245-2412