If the drunk driver that caused your car accident wasn’t convicted of DUI, you still may have a valid case because the criminal case and the civil case are two entirely different proceedings. You can still file a personal injury or wrongful death claim against the driver, present evidence to support your case, and the courts still may decide in your favor.
A very famous case in point of contradictory criminal and civil court decisions is the O.J. Simpson case from the 1990s. The criminal courts found Mr. Simpson not guilty, yet the civil courts awarded the families of Nicole Brown Simpson and Ronald L. Goldman $25 million and $8.5 million, respectively.
Getting Legal Help to Win Your Civil Case
It goes without saying that in serious DUI cases with severe injuries and significant damages, you’ll want to have an attorney represent you. If it’s pretty evident that the driver was intoxicated, the insurance company will probably want to settle out of court. On the flipside, it’s likely that if the driver was found not guilty for DUI, the insurer would attempt to dispute your case. You’ll probably need to take the claim to court.
The burden of proof will rest on you, i.e., you have to prove beyond a reasonable doubt that the driver that caused your wreck was inebriated. Your lawyer can collect evidence that can support your claim.
- Toxicology reports
- Eyewitness testimonies
- Police reports
- Statements from expert field witnesses
To win your case, your attorney will have to prove the following.
- The driver breached his duty to operate his vehicle safely. (This element might be established, for example, with eyewitness testimony or video cam footage of the driver weaving in and out of traffic, or with the results of the sobriety test.)
- The driver’s negligence is what caused your injuries.
- You sustained compensable damages.
Cordisco & Saile LLC has compiled a page of resources for accident victims, you may want to look over the page as there are links for Mothers Against Drunk Driving and the Pennsylvania Department of Transportation on there which may answer even more of your questions.
Cordisco & Saile LLC Can Help You Recover Damages
Attorney John Cordisco has been helping injured Pennsylvanians with their legal needs for 25 years. He has successfully handled numerous injury and a wrongful death civil cases for victims of DUI accidents and has honed his legal strategies to take on even the toughest of cases.
If you or your loved one was injured in a DUI-related crash in Pennsylvania, please call Cordisco & Saile LLC for assistance. Let Cordisco & Saile LLC stand as your legal advocate and help you pursue the restitution and justice you deserve (despite what the criminal court jury decided.) Contact Cordisco & Saile LLC today at 215-642-2335 to schedule a free consultation.