How is civil liability determined in a drunk driving accident in Arlington?

Arlington, LA – Everyone knows that it is illegal to drive while drunk or after consuming controlled substances. However, it is less common for people to hear about additional civil cases that are filed against drunk drivers to get them to pay for damage that they cause during an accident. This is a separate process, and there are some differences between the criminal and civil cases against the driver. It is also important to note that a driver can be found liable for the crash in civil court without being convicted of the drunk driving offense because there are different burdens of proof. Attorneys who practice in this area can provide more specific information.

How civil accident cases work

It is important to remember that a civil accident lawsuit against a drunk driver is not the same as the criminal case against the person. This means that the ultimate issue regarding liability for an accident in a civil case does not depend entirely on proving that the defendant was intoxicated while they drove, but whether they were negligent or not. Driving after using alcohol or drugs can be used by the plaintiff to show negligence, however other issues may be relevant as well and it is only required that the plaintiff proves that the relevant standard of care was not observed. The plaintiff also needs to show their amount of damages, or specific losses that were caused by the defendant’s actions during the car crash.  

Auto insurance issues

As a general rule, the liability insurance of the person who is considered to be at fault will cover the losses of the accident victim. However, it is also possible that the driver can be personally liable if their insurance provider says that a DUI accident offense violates the policy and they do not need to pay for the damage. This can depend on the specific policy that is in place at the time and its terms. If the insurance company decides not to cover the costs of the crash, it can be difficult for the victim to collect enough money from the defendant to pay for things like medical bills and their lost wages while out of work.

Additional info about accident lawsuits

Miller, Hampton, and Hilgendorf is an experienced accident firm that works with clients in Arlington and other cities in Louisiana. After a motor vehicle collision, they can provide advice about the process to receive compensation through a civil lawsuit.

USAttorneys.com is a site that lists lawyers who focus on various types of cases, including car accidents, throughout the country. Anyone who needs help locating a legal professional can call 800-672-3103

Firm contact info:

Miller, Hampton, and Hilgendorf

3960 Government St., Baton Rouge, LA 70806



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