Drunk driving is a crime. It is also a very unsafe choice. People who get behind the wheel while impaired by alcohol or other substances can cause crashes that have tragic consequences.
The people affected by deadly drunk driving collisions often desire justice. In some cases, the state may provide justice by bringing impaired driving charges against the motorist who caused the collision. The prosecution of the driver at fault for a tragedy can help families secure closure. However, not every criminal case results in a conviction. Additionally, convictions do not diminish the economic impact of losing an immediate family member.
Do surviving family members have the option of pursuing wrongful death lawsuits in scenarios where the state has brought charges against a drunk driver for causing a deadly wreck?
After a conviction
Many people accused of drunk driving plead guilty. They may hope to control their costs or seek a more lenient sentence by cooperating with the state after a drunk driving arrest. The goal may be to reduce the sentence by cooperating with the state or avoid the expense of mounting a defense.
Other times, a criminal trial may result in a conviction. People sometimes assume that a lawsuit following a criminal conviction violates the defendant’s protection from double jeopardy. However, double jeopardy rules only apply to repeat criminal prosecution for the same offense. It does not prevent those affected by misconduct from taking civil action after a criminal conviction.
After an acquittal or charge dismissal
Perhaps the prosecutor had to dismiss charges. Maybe a jury found the defendant not guilty because there simply wasn’t enough compelling evidence to prove their guilt beyond a reasonable doubt. In either scenario, surviving family members might think that a failed criminal case means they have no hope of prevailing in civil court.
However, the standard for evidence is lower during a lawsuit than it is during a criminal trial. The same evidence that may have been insufficient during criminal proceedings could be enough for the family to prevail in civil court.
Discussing the circumstances of a fatal car crash with a skilled legal team can help families evaluate their options. Wrongful death litigation can potentially provide both financial relief and emotional closure after a deadly collision.