Can I sue the drunk driver who caused my car accident if they’ve already been arrested?

Filing a Lawsuit Against a Drunk Driver in Rhode Island

When drunk drivers get behind the wheel, they put themselves and other motorists at risk of injury and death. That’s why Rhode Island’s strict DUI laws are in place – severe penalties await those who operate a car under the influence of drugs or alcohol.

If you’ve been involved in a crash caused by a drunk driver, you may be eager to learn about your legal options. That’s especially true if the driver was arrested for driving under the influence. A Rhode Island car accident lawyer can help you understand the viability of your claim and determine whether you should sue the driver who caused your crash.

Criminal vs. Civil Court

Drunk driving is against the law. When someone is arrested for DUI, the criminal justice system takes over to prosecute the offender. This criminal case is handled by the Rhode Island government and focuses on penalizing the driver with potential jail time, fines, license suspension, and other penalties.

On the other hand, car accident lawsuits are handled in civil court. Civil cases are considered entirely separate from the criminal prosecution of drunk drivers. There are different criteria for finding someone legally liable for damages than determining whether someone broke the law. If you are injured in a DUI accident, the impaired driver is not automatically responsible for damages – that’s true even if they are arrested for driving drunk. Instead, it is up to the injured accident victim to prove that their damages were the result of the drunk driver’s recklessness.

Why File a Car Accident Lawsuit?

Dealing with the fall out of a car accident can be stressful. That’s especially true if you learn that the drunk driver was found not guilty in a criminal court. The good news is that you can still sue the at-fault driver for damages regardless of the outcome of their criminal case. Even if the prosecutor drops the charges entirely, you may still entitled to compensation so long as you can prove that the driver’s negligence led to your injuries.

While pursuing a civil case against a drunk driver can help you feel as though justice is being served, the outcome is centered around providing financial relief for your losses rather than punishing the driver. Successful personal injury lawsuits can cover medical expenses, lost wages, pain and suffering, and other damages resulting from the accident.

Deciding to Sue a Drunk Driver

Most civil claims are settled out of court. It’s a good idea to file a lawsuit following a DUI-related accident only if the odds are good that the at-fault driver is willing to settle. Rhode Island personal injury law says that a plaintiff can win a civil lawsuit if they can prove that the defendant was negligent. Proving negligence can be challenging, but if the person was arrested for drunk driving, you have a good chance of winning. Driving under the influence is inherently negligent, after all.

Only a small percentage of people injured by drunk drivers file lawsuits against impaired motorists. That’s because defendants in such cases often lack the financial resources to cover the damages and losses associated with the accident. Even if you win, recouping your settlement can be nearly impossible.

Still, a settlement may be worth pursuing if the drunk driver was on the job driving a company car. That’s because you can file a lawsuit against the driver’s employer. Rhode Island’s dram shop liability law also allows you to sue the club, restaurant, or bar where the driver imbibed.

Why You Need a Rhode Island Car Accident Attorney

If you’re picking up the pieces after a car crash caused by a drunk driver, it’s important to consult with a Rhode Island car crash attorney right away. Even if you’re unsure you want to take legal action against the at-fault driver, speak with a lawyer about your options. There are strict deadlines in place for filing a civil lawsuit, and waiting too long to talk to a lawyer could mean losing your right to seek compensation.