Why Do DUI Cases Result in Higher Compensation?
Drunk driving accident victims often receive significantly higher compensation than victims of other crashes. Juries view drunk driving as a conscious choice, not an accident, which translates into larger verdicts. Additionally, most states allow punitive damages in DUI cases — damages designed to punish the defendant, not just compensate the victim.
What Types of Compensation Can DUI Victims Recover?
DUI accident victims can recover: Economic damages — medical bills (current and future), lost wages, reduced earning capacity, property damage, and rehabilitation costs. Non-economic damages — pain and suffering, emotional distress, loss of enjoyment of life, and disfigurement. Punitive damages — awarded to punish the drunk driver and deter similar conduct. The amount of punitive damages varies significantly by state — some states cap punitive damages while others allow juries broad discretion based on the defendant's conduct and financial situation.
How Does Insurance Work in DUI Accident Cases?
The drunk driver's auto insurance typically covers compensatory damages, but most policies exclude coverage for punitive damages. This means punitive damages must be collected from the driver's personal assets. However, if a bar or restaurant over-served the driver (dram shop liability), their commercial insurance may provide additional coverage. Victims should also explore their own underinsured motorist (UIM) coverage for additional compensation.
What Is the Difference Between Criminal DUI and a Civil Injury Claim?
The criminal DUI prosecution and your civil injury claim are separate proceedings. A criminal conviction helps your civil case but isn't required — civil cases use a lower 'preponderance of evidence' standard. Even if the DUI charge is reduced or dismissed, you can still win your civil case. Bond Legal handles DUI victim claims nationwide. Call (866) 423-7724 for a free case evaluation.
