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How A Dui Affects A Personal Injury Case In Indiana

When driving under the influence causes an accident, it affects a personal injury case in so many ways. Some will say it makes the case shorter than it should be because of the reduced standard of proof. This is true, but many other factors come into play. Let’s get into it.

Increased Liability

Knowing your rights will help you claim compensation if you're hurt in an accident. An impaired driver has increased liability and will likely be charged with a criminal DUI. When such a driver is convicted, it is also possible to sue for personal injury in a civil court. Since most of the evidence is glaring, the court will compensate the injured party. According to a car accident attorney in Fort Wayne, it even applies when there is a wrongful death caused by the accident.

Criminal penalties

As mentioned earlier, an impaired driver can face criminal charges after an accident. They can face penalties ranging from license suspension to fines and even jail time. This punishment gets worse if a person dies in an accident. It ultimately becomes a case with a prison sentence.

Extra defendants

In some cases, this type of situation gives injured parties a chance to add more defendants to the civil suit. These defendants can be businesses that sold alcohol to the driver or employers of the driver.

Reduced standard of proof

Where a DUI is involved, the standard of proof needed for the injured person is reduced. Normally, most injured people are required to produce pictures of the accident as well as their expenses in the hospital. Now, even if the driver manages to escape a conviction, they can still be liable for compensation in the civil matter.

Insurance companies cooperate better

In many cases where a DUI caused the accident, the insurance companies are likely to settle the matter quickly instead of dragging it out in court. The settlement often covers medical expenses, pain and suffering, lost wages, and any damage to the property of the injured person. Also, judges order these compensatory damages to deter the driver from making such poor decisions in the future.

Do you need a personal injury lawyer?

While things are easier with a DUI in the picture, it is wise to have a personal injury lawyer in your corner. The lawyer understands how the process works, including what needs to be presented to the court to claim compensation. They also handle the running around and gathering witness testimony while the injured party is still recovering.

In cases like this, time is of the essence. A personal injury claim can be statute-barred if it isn’t filed within a specific period. It is tricky because the time limit varies by claim and state. Usually, though, it is within one to six years. The only exception to this rule is if the victim was a minor and could not file a claim by themselves at the time.

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