How is proof of intoxicated driving relevant to a civil accident lawsuit in Coconut Creek?
Coconut Creek, FL – Drunk drivers who cause accidents may face lawsuits in civil court in addition to their criminal case. While the state needs to prove the suspect was intoxicated while driving in criminal court, the civil case is focused on proving that the driver’s negligence was the cause of the accident, regardless of whether they were definitely drunk or not at the time of the accident. Those who are filing a civil case should focus on negligence, while the state will handle the criminal aspects of charging and sentencing a drunk driver.
Evidence from the scene
The investigation for drunk driving will be conducted by the police at the accident scene. They will normally observe what is in and around the vehicle, look for open containers of alcohol, note the defendant’s demeanor and actions while speaking to them, attempt to have them perform physical sobriety exercises, and collect a chemical sample of breath, blood, or urine to test for the presence of alcohol and controlled substances.
This evidence will certainly be introduced at the suspect’s criminal trial, and it may help the state prove guilt. However, these items may not be the definitive aspects of the civil case depending on the facts and other surrounding circumstances.
Civil negligence cases
A drunk driving accident lawsuit is filed as a negligence case in civil court, just like all other types of motor vehicle accident cases. This means that the plaintiff will need to prove the four elements of negligence, which include a duty of care on the roads, a breach of that duty, actual causation of the car accident, and damages. All elements must be present for the lawsuit to succeed.
If the evidence against the defendant is sufficient, it is likely that their attorney will agree to settle the case for a fair amount based on the losses.
Negligence per se
Evidence of drunk driving is relevant to proving that the drunk driver breached their duty of care on the roads through a serious violation of the law. This doctrine that can be used to prove the elements of negligence through a relevant violation of a statute is called negligence per se. Depending on the facts of the accident and strength of the evidence, the attorney may be able to use this doctrine to help win the lawsuit for the client.
Help with suing a drunk driver
The Law Offices of Jeffrey A. Rosenberg is a firm that works with accident victims in the Coconut Creek area. Their attorneys can provide advice about the process to receive compensation through a settlement or jury trial.
Firm contact info:
The Law Offices of Jeffrey A. Rosenberg
5255 North Federal Highway, 3rd Floor, Boca Raton, Florida 33487
561-508-8800
rosenberginjurylaw.com
