Do I Need a Lawyer for My Drunk Driving Accident Injury?

When an intoxicated driver injures you, you have the right to hold them accountable. Even if the driver faces criminal DWI charges, you can still pursue justice in civil court. What’s the difference between these two paths?

Criminal Charges vs. Civil Lawsuits

The government brings criminal cases to punish offenders and deter crime. Prosecutors might charge the drunk driver with violating DWI laws like Arkansas Code § 5-65-103, which prohibits driving with a BAC of .08% or higher. If convicted, the driver could face jail time, fines, license suspension, and other penalties.

But here’s the key: Criminal cases don’t compensate injured accident victims. That’s where civil lawsuits come in. As the injured party, you have the right to sue the drunk driver for the harm they’ve caused you. If your lawsuit succeeds, the court can order the driver to pay for your damages.

Proving Negligence in a Drunk Driving Case

You must prove that the drunk driver was negligent to win your civil case. Essentially, you and your legal team must show that:

• The driver owed you a duty of care. All drivers have a legal duty to drive safely and soberly.

• The driver breached that duty by driving drunk. Evidence of the driver’s intoxication—like blood alcohol tests, breathalyzer results, eyewitness testimony, and the police report—can help prove the breach.

• The driver’s negligence directly caused your crash and injuries. Skilled attorneys use many strategies to draw the causal link.

• You suffered actual damages as a result, which we’ll discuss next.

A successful lawsuit can provide vital financial relief to the victim of a DWI crash. Depending on your unique situation, you may be able to recover money damages for:

An experienced personal injury lawyer will work to maximize your compensation. At Rainwater, Holt & Sexton, we work with medical and occupational experts to fully assess clients’ damages so no loss goes unaccounted for. We’re relentless in our mission to make victims of drunk driving accidents whole again.

The steps you take after a drunk driving crash are critical. To protect your health and your legal rights, here is what you should do:

• Call 911 and get prompt medical attention, even for seemingly minor injuries. Some injuries take time to surface.
• Cooperate with responding officers. Tell them if you suspect the other driver is drunk, but don’t speculate about anything else—do your best to stick to the facts only.
• Gather any evidence you safely can. This includes photos, videos, and witness contact info. Let officers handle the drunk driver.
• Report the accident to your own insurance company.
• Contact an experienced drunk driving accident law firm. Once you’re able to, you should prioritize reaching out to a lawyer who can preserve crucial evidence in your case.
• Stay off social media. Don’t post about the accident or your injuries online.
• Start an injury journal. Writing down how your injuries impact your daily life can be powerful evidence.

Focus on your recovery, get the treatment you need, attend all appointments, and follow providers’ instructions carefully.

After a drunk driving accident, it’s natural to have questions. When you come into our office or contact our law firm, we can provide you with specific answers regarding your case. Until then, however, we can help answer some of them here!