The foundation of any personal injury lawsuit is either negligence or recklessness. The former means someone failed to act in a way that any other reasonable person would have in that similar situation. Recklessness is when someone knowingly commits an act that could cause serious harm to another. For a victim to obtain compensation in their lawsuit, it must be proven that injuries were sustained and the following elements apply:
- The defendant had a duty to the plaintiff to act responsibly
- The defendant breached this duty to the plaintiff
- The defendant’s breach caused the plaintiff to sustain injury and loss
- The plaintiff suffered quantifiable damages
When someone gets behind the wheel of a car while under the influence of alcohol and/or drugs, they are committing an unlawful act. Those who are pulled over and have a BAC of .08% or more can be arrested for a DUI. However, those who score lower than that on their BAC may still face lesser DUI-related charges. The state considers DUI accidents a personal injury and criminal court issue. A victim can seek damages related to:
- Lost wages spent away from work because of accident injuries
- Pain and suffering endured due to the driver being drunk
- Past, current, and future medical bills related to accident injuries
- And much more depending on the circumstances of the accident
Our drunk driving accident lawyer friends at The Lynch Law Group would also attest to the fact that victims of DUI accidents may be entitled more compensation that they realize. By becoming more familiar with laws and how to take action if a personal injury accident occurs, victims can promptly seek the restitution they deserve.