Were you the victim of a car accident where the other driver was under the influence? If so, you likely have a viable personal injury case on your hands. Here is what you need to know about your rights in this situation.

Can You Sue For Damages If There Is A Pending Criminal Case?

One of the things that makes a drunk driving accident unique is that there will be a criminal case brought against the driver for the accident that they caused while driving under the influence. This may cause you to believe that you cannot sue for damages, because the drunk driver would be taken to court twice for the same crime. This isn't true, since the government is bringing a criminal case against them while you are bringing a civil case for your personal injury. There can be two trials for the same action; each in a different type of court.

Does The Outcome Of The Criminal Case Matter?

If the person was found to be not guilty of driving under the influence in their criminal case, you may be wondering if that will have an impact on any personal injury lawsuit that you bring to court. Thankfully, a not guilty verdict in the criminal case is not going to influence the civil case. The two cases are treated differently, with the prosecutor of the criminal case having their own points that they have to prove. 

If the driver was found guilty in criminal court, you can use that judgement to help prove your civil case. However, it gets a bit complicated when there is a plea deal and the criminal case is settled outside of court. They may have pleaded guilty to lesser charges that may not help your case. 

Can You Sue The Business That Sold The Dunk Driver Alcohol?

Know that every state has their own rules regarding the business that sold the drunk driver alcohol. If the business is located in a specific state, and they were serving the driver plenty of drinks when they should have been cut off, then the business can be held responsible. While the server themselves will not be held responsible, you could take action against the business that they work for. If the business served a minor that caused the accident, then you will likely have a very clear case against the business to help pay for your injury. 

For more information, contact a personal injury lawyer.