Drunk Driver Escaped Charges: Can I Still File a Claim in Boca Raton?

As a survivor of a DUI accident in Boca Raton, it might be difficult to accept that the person who caused your crash escaped with no criminal penalties. Perhaps prosecutors declined to press charges due to a supposed lack of evidence. Maybe the drunk driver somehow defended themselves, and the court acquitted them. Whatever the case may be, it is important to understand that a personal injury lawsuit in Boca Raton may still be possible.

Why A Lawsuit May Still Be Possible

Even if a drunk driver escaped criminal penalties after causing your accident, a lawsuit may still be possible. To understand why, it is important to learn about the distinctions between civil and criminal courts. In a criminal case, prosecutors must prove the defendant’s guilt “beyond a reasonable doubt.” Although there is some debate about the exact number, this generally represents a likelihood of over 90%. In other words, prosecutors shoulder a “burden of proof” that is quite high.

In a civil lawsuit, a plaintiff only has to show a “preponderance of evidence” to establish negligence. This is a likelihood of more than 50%. In other words, the burden of proof in a civil case is much lower, and it is easier to prove that the defendant caused your injuries.

Because of this distinction, it is possible to successfully sue a defendant for causing a DUI crash even if they were never officially convicted of DUI by a criminal court. As long as the “preponderance of evidence” you show shows that the defendant “more likely than not” caused your crash, you should be able to recover compensation.

You Might Not Even Need to Prove That the Driver Was Drunk

Furthermore, you may not even need to prove that the defendant was intoxicated at the time of the crash. As long as you can prove that their negligent behavior led to your accident, you should be able to recover compensation – regardless of intoxication.

For example, the driver might have failed to yield when turning left before hitting you in the crosswalk. In this situation, the intoxication of the driver may be irrelevant. The mere fact that they failed to yield to a pedestrian with the right of way is enough to lead to a valid lawsuit. That said, proving that they were intoxicated at the time would probably help your case.

If you are filing a no-fault claim, you might not need to prove anything at all. You should also know that most civil claims never reach trial, and you could receive a financial settlement without going to court.

Can a Boca Raton Auto Accident Lawyer Help Me Pursue Justice?

There are few things worse than seeing a drunk driver walk free with no consequences whatsoever, especially if they caused you to suffer serious injuries. However, the pursuit of justice doesn’t end with a criminal trial. You can also pursue compensation and closure in a civil court by filing a personal injury lawsuit in Boca Raton. Assess this course of action in more detail by contacting Steinberg Law today.

Sources:

 flhsmv.gov/driver-licenses-id-cards/education-courses/dui-and-iid/florida-dui-administrative-suspension-laws/

flcourts.gov/content/download/215895/file/DIFFERING-BURDENS-PROOF.pdf