How DUI Accidents Impact Your Injury Claim

Drunk driving takes the lives of 12,000 to 13,000 individuals annually, accounting for nearly one-third of traffic fatalities. Tennessee law makes it unlawful to operate a motor vehicle with a blood alcohol content (BAC) of 0.08% or greater. At 0.08%, a motorist’s coordination is reduced, reflexes slowed, and visual acuity is diminished. With their motor skills heavily impacted, an intoxicated driver is between four and eleven times more likely to cause a fatal crash.

Although a DUI offender will face criminal penalties, you deserve compensation for your injuries as a victim. At Bednarz & Bednarz, our DUI accident attorneys are committed to helping you become “whole” again following an encounter with a drunk driver.

You Can Use Criminal Evidence to Your Advantage

Police reports, a failed breathalyzer test, and a blood test (all evidence used in a criminal case) may help to support your civil claim. Even breathalyzer tests are notoriously unreliable, blood tests are highly accurate and are difficult to dispute in court. If the other driver is convicted, you can use the DUI conviction as evidence in your civil case. Keep in mind that the burden of proof in civil cases is lower than in criminal cases.

In a civil case, you only need to establish that your claim is more likely than not true (known as the preponderance of the evidence standard). Since the burden is lower, your claim must be only that much stronger than the defendant’s (the intoxicated driver).

Being Awarded Restitution Will Not Impact Your Personal Injury Case

In some DUI criminal cases, the court may award restitution to the victim. Restitution is designed to compensate the victim for their losses or injuries. It is a court-ordered payment to the victim as part of the defendant’s criminal sentence, often as a condition of probation.

Restitution is only intended to cover the economic expenses that a victim suffered from a crime. Even so, victims who are awarded restitution find that it rarely covers 100% of their medical bills, lost wages, or other out-of-pocket expenses. Even if you did receive a significant payment, you still have the right to seek civil damages.

Serious Injuries Often Mean Greater Damages

The more serious your injuries, the more likely you are to receive greater compensation under state law. Many DUI victims recoup compensation for monetary losses, such as lost wages, hospitalizations, and rehabilitative therapies, as well as intangible losses such as pain and suffering, infliction of emotional distress, and permanent disability. If your injuries come with life-altering consequences, you may be entitled to future medical expenses and loss of future earnings.

Unfortunately, Tennessee law does place a limit on non-economic damages in personal injury cases, so you must work with a DUI accident lawyer who can explain legal alternatives for compensation.

Reach Out to a Nashville DUI Accident Attorney Today

A DUI can lead to long-term effects, making you unable to work your regular schedule or perform the activities you once loved. Although criminal charges may be filed against the intoxicated driver, you cannot rely on the court to compensate you through restitution. At Bednarz & Bednarz, our legal team believes that you deserve to be compensated for 100% of your medical bills, lost wages, and other accident-incurred expenses.

To arrange your free consultation with a Nashville DUI accident lawyer, contact us online or by calling (615) 623-8789 today.