Some people still choose to drive when they’ve had too much to drink despite well-publicized laws with strict penalties. When one of those people injures you or your loved one, you don’t have to rely on the criminal justice system.
You can bring a civil lawsuit after a drunk driving car accident in Waterbury. Contact an experienced auto collision attorney at D’Amico & Pettinicchi, LLC, to discuss your situation. By filing a personal injury lawsuit, the driver and other negligent parties may have to compensate you for the harm they caused.
Whenever you suffer serious injuries in a car accident and bring a lawsuit, your Waterbury attorney must prove the other driver—or some other party—was negligent. All drivers have a duty to use reasonable care to protect others on the road, and a failure to use appropriate caution is negligent.
Proof a driver was violating a safety law is proof of negligence. When the other driver gets a citation for drunk driving, the ticket is evidence of negligence, but a conviction is proof.
Even if the driver beats the criminal charge, a skilled legal professional can use other evidence to prove they were negligent and must compensate you for your losses. Demonstrating that the driver was speeding, operating the vehicle recklessly, driving while distracted, or showing other evidence of carelessness can be enough to make them liable for the accident. And, simply because they beat the criminal charge does not mean they cannot be proven to have been intoxicated in a separate civil lawsuit.
Most compensation for vehicle accidents comes from the at-fault driver’s insurance. When the driver was drunk, their insurance company is still responsible for paying your losses.
Insurance companies are often eager to keep these cases out of court because juries are generally unsympathetic to drunk drivers. They might reach out to “check on” you after an accident and offer a quick settlement, hoping to avoid legal action. It’s critical for you to avoid speaking with an insurance company representative until you have contacted a drunk driving crash lawyer in Waterbury. There are two reasons for this:
Connecticut follows a comparative negligence system that allows a driver with partial responsibility for an accident to collect compensation from others with more responsibility. However, the amount they can collect is reduced according to their degree of fault.
Insurance company representatives will try to manipulate you into accepting some responsibility for the wreck so they can pay you less. They are professionals and highly skilled at tricking people into admitting fault. If you have legal representation, the insurance company cannot communicate with you directly and must work through the legal professional, preventing you from making inadvertent admissions.
Even when you are completely blameless for the accident, talking to the insurance company can lead to reduced compensation. The insurance company will pressure you to accept less than you deserve. The wisest strategy is to leave the negotiating to a seasoned attorney.
In many cases, the drunk driver’s insurance limits are insufficient to cover all your losses. Uninsured/underinsured motorist insurance may cover some of the shortfall depending on the limits you have on your car insurance policy. Although the drunk driver is personally liable for losses insurance doesn’t cover, if they don’t have substantial assets, collecting the money can be impossible.
The lawyers at D’Amico & Pettinicchi, LLC are skilled at locating other sources of insurance coverage. Depending on the circumstances, bars and restaurants where the alcohol was served, other drivers, their employers, the owners of the involved vehicles, the car manufacturer if a product defect was a factor and, if a road defect was present, the town where the accident occurred might have liability.
If the person became intoxicated at a bar, restaurant, or other licensed establishment, the business could be liable for your injuries. Connecticut General Statutes § 30-102 makes an establishment legally responsible when they serve a visibly intoxicated person alcohol, and that person later causes a crash that leads to injuries or death. Social hosts and licensed establishments could be liable when they serve alcohol to someone underage, regardless of whether they appear intoxicated.
Drunk driving accidents are entirely preventable. When someone chooses to drink and drive despite the risks of harming someone, they must pay for their outrageous behavior.
Speak with our dedicated legal professionals at D’Amico & Pettinicchi, LLC, if you were hurt or a loved one was killed in a drunk driving accident in Waterbury. We have decades of experience holding irresponsible drivers accountable for their actions. Get in touch today to schedule a free, remote or in-person consultation.
