Driving under the influence, or DUI as it’s commonly known, is a crime in Washington as it is everywhere else. There are too many reasons to list as to why ingesting any intoxicant and getting behind the wheel is a bad idea, but one of them is that the risk of causing an auto accident rises exponentially. If you have been harmed by a drunk driver, you need the help of a Seattle car accident lawyer to make sure your rights are properly protected and enforced.
Below you’ll find information regarding Washington statistics regarding alcohol-related traffic accident fatalities, how being convicted of DUI can be relevant to a civil claim for personal injury and finally how you should proceed if you or someone you love has been harmed by a drunk driver in Washington.
Washington is like almost every other jurisdiction in that there has been an intense effort in recent times to reduce the number of drivers who get behind the wheel after ingesting any sort of intoxicant. While relevant statistics would tend to show that these efforts have made a positive difference, the raw numbers are still too high for anyone who wants to avoid these problems altogether. Consider the following:
As can be seen, the number of average alcohol-related fatalities has decreased somewhat in recent years compared to the first few years of the last decade. However, at least four people per week are still killed in Washington traffic accidents where alcohol or some other intoxicant was at least a factor. This number makes sense when one considers that approximately 16,000 people every year are arrested for DUI in Washington.
Being convicted of a DUI is a serious offense and a serious problem for anyone who’s been through it. However, those problems only get worse if a person who is under the influence of an intoxicant gets into an accident and causes any sort of property damage or bodily harm to another person.
The severity of the criminal charges that can be filed against a defendant who has caused injuries or fatalities while driving under the influence can involve long prison terms and substantial fines. A conviction under these charges can also give rise to an additional problem for the defendant – a civil claim for personal injury damages.
When a legal claim is filed against someone who has been convicted of DUI in an accident that led to injuries, it can only serve to help the plaintiff’s case. That’s because a criminal trial involves the highest standard of proof available under the law in order to obtain a conviction of a defendant, that being proof beyond a reasonable doubt.
Therefore, if a person has been convicted of DUI and caused injuries, he or she has already had a trial on the merits of whether or not an intoxicant was involved in the accident in question. This will aid the plaintiff’s case if one is filed because the burden of proof in a civil action is much lower than that of a criminal trial. In a civil action, the plaintiff need only prove his or her case by a preponderance of the evidence. This means that the plaintiff’s claim must be seen as more likely true than not. Evidence of this prior conviction will be very persuasive to the jury.
In terms of the damages sought by the plaintiff against a defendant who has already been convicted of DUI, they can be as substantial as they are varied in nature. Below is a brief look at the different forms of damages available:
Finally, if you or someone you love has been injured by someone driving under the influence of an intoxicant in Washington, contact the Seattle car accident lawyers at Phillips Webster today to schedule a free initial consultation.