Irresponsible people who drive while intoxicated cause tremendous damage and destruction. When you get into an accident caused by a drunk driver, you have the right to pursue them in court for compensation. That right is independent of any criminal proceedings the driver might face.
If you or a loved one are involved in a drunk driving car accident in Torrington, contact D’Amico & Pettinicchi, LLC. We’ve been helping people injured by drunk drivers for decades. Our experienced auto collision attorneys will pursue every avenue to help you obtain the justice you deserve.
When you get hurt in a motor vehicle crash and seek compensation, you (the plaintiff) must prove someone else (the defendant) was responsible for your injuries because they were negligent. In the legal context, negligence means not taking reasonable steps to prevent harm to others.
Driving drunk in violation of motor vehicle laws is negligence per se, meaning that any proof a driver was intoxicated when the wreck occurred is proof of negligence, and no further evidence is needed. The driver’s blood alcohol concentration (BAC) is evidence of negligence if it exceeds legal limits, but defendants sometimes challenge the accuracy of the BAC reading.
Even when the driver’s BAC is not available or does not exceed the legal limit, our skilled team of auto accident attorneys in Torrington can still prove the intoxicated driver was negligent. The arresting officer’s statement, witness testimony, any available video footage of the incident, and other evidence could demonstrate that the driver was impaired when the crash occurred.
When you’re injured in a traffic collision that wasn’t your fault, you’re entitled to compensation. The legal term for the money you collect is damages. Damages that pay for your current and future losses are called compensatory damages.
There are two types of compensatory damages: economic damages and non-economic damages. You’ll need the help of an experienced Torrington drunk driving crash lawyer to get an accurate sense of the total compensatory damages you’re entitled to receive.
Economic damages are actual expenses you incur because of your injury. Medical care is an element of economic damages, including copays, deductibles, and ancillary services. Incidental costs are also included, such as:
If your injury requires ongoing medical treatment, your damages should include the cost of future medical care.
Income lost due to the injury is another component of your economic damages. When your injury prevents you from resuming your former career, the defendant must pay for your lost future earning capacity. A qualified legal professional can engage a vocational rehabilitation expert and an economist or other expert to provide a reasonable estimate of your lost future income.
Your non-economic damages are also part of your compensatory damages. Non-economic damages provide payment for your:
Connecticut General Statutes § 14-295 allows you to get more compensation when the driver who caused the crash is guilty of certain traffic offenses, including drunk driving. The law allows a jury to award a plaintiff double or triple their compensatory damages to punish the defendant when drunk driving was a substantial factor in causing the plaintiff’s injuries.
When a drunk driver injures you or your loved one, you have the right to compensation. Although the driver might face separate criminal consequences, they also have financial civil liability for the accident.
Speak with a lawyer at D’Amico & Pettinicchi, LLC, after a drunk driving accident in Torrington. We offer free, remote or in-person consultations to explain your legal rights. Schedule a meeting today.