A car wreck case caused by a drunk driver is different from other car accident cases in several ways. For one, the police will handle the situation differently. Sometimes there is potentially much information on the police report because the at-fault driver gets arrested at the scene and taken away. There is usually an indication in the police report of the drunk driver’s violation and what ticket they were issued.
Drunk driving accident cases also open up potential claims for willful and wanton misconduct. The claims against a drunk driver that caused an accident are not only for negligence but additional claims for willful and wanton misconduct, which open up the possibility of recovering punitive damages as well as compensatory damages.
If you were injured in a wreck caused by an intoxicated driver, you should reach out to an experienced car accident lawyer today. A Cicero drunk driving accident lawyer could fight for your right to compensation.
Damages sought by the claimant in a drunk driving accident include compensation for medical bills, future medical bills, lost wages, future lost wages, pain and suffering, and loss of a normal life. In addition, in a scenario where the person causing the accident was under the influence of alcohol or drugs and was cited or even convicted of that crime, the lawyer can pursue a claim for willful and wanton misconduct, which allows for punitive damages. Punitive damages are a type of damage designed to punish the other party for their conduct, not just compensate the plaintiff for their injury.
If the defendant is convicted of drunk driving, comparative negligence is always going to be an element in the negligence claim. In the willful and wanton claim, it is not comparable. If one can reach the level of proof of willful and wanton misconduct, they are going to recover punitive damages. There is going to be no offset on the punitive damages claim by the negligence of the injured party but there would be for compensatory damages. A drunk driving accident lawyer in Cicero could help an injured victim recover punitive damages.
The injury case and the DUI case get handled absolutely separately. The DUI charge is a criminal case. In the DUI case, the injured party may be called as a witness but they do not have any particular interest in that case. However, the outcome of the DUI case and a conviction can be relevant evidence in the civil personal injury case. For more information, reach out to an accomplished lawyer today.
If you or a loved one were injured in a car crash caused by a drunk driver, you should reach out to a skilled legal professional as soon as possible. A dedicated Cicero drunk driver accident lawyer could help you recover the compensation you deserve following your wreck. Call today and set up your consultation.