Automobile accidents that involved a DUI are connected to both criminal and civil proceedings when injuries are sustained. First, the driver who caused the accident due to a DUI is charged and tried based on his or her previous convictions. If the judge addresses restitution or other monetary damages in the criminal case, he or she calculates this value based on the required value needed to cover medical and auto repair costs. However, any driver who fails to comply with this court-order is subject to punitive damages in a civil case, after the victim files a claim through an Auto Accident Lawyer in OKC.
Criminal DUI
Criminal DUI charges are those in which a plead bargain are not obtained. First-time offenders may plead down to a lesser charge if they do not have an existing criminal history. This does not excuse them from covering any costs incurred during an accident. Accident victims have the right to file a civil case against the offender to collect these damages.
This victim has a two-year window to hire an Auto Accident Lawyer in OKC and file a claim. This time allowance begins on the date of the accident. It is within this time frame in which he or she must acquire evidence to show conclusively that the DUI did cause their injuries. If the driver is convicted of DUI prior to the initiation of the civil case, the odds of an award are higher.
Filing a Lawsuit
The severity of the injuries and property damage may lead to a significant settlement. An Auto Accident Lawyer in OKC can calculate this probable award based on how the injuries affect the victim’s life. For instance, permanent injuries, disabilities, or disfigurements could present not only a detrimental impact, but could also lead to concepts such as emotional distress. DUI charges are among the most frequent causes for automobile accidents that could have been avoided; this provides leverage for the victim.
The lawsuit is filed after the Auto Accident Lawyer in OKC establishes the viability of the case. Evidence is submitted with this claim for further review by the court. A judge makes the final determination during a hearing scheduled by the court.
