New Mexico Drunk Driving Accident Attorneys

How a Criminal Drunk Driving Case Can Affect Your Personal Injury Claim

Driving under the influence of drugs or alcohol is illegal in all 50 states. When a driver causes an accident while intoxicated, they will likely be arrested by law enforcement and charged with a crime. You may be wondering how criminal charges affect your right to seek compensation through a personal injury claim.

It is important to understand that a personal injury lawsuit is separate from criminal proceedings. The two cases occur in different courts, use different standards of proof, and result in different types of penalties. A guilty verdict in a criminal trial does not automatically guarantee a successful outcome in a personal injury lawsuit. Each case is unique and depends heavily on the specific facts and evidence presented.

In a criminal trial, the prosecution must prove the driver is guilty of DUI beyond a reasonable doubt, a very high burden of proof. Numerous factors can prevent the prosecution from securing a conviction, even if the driver was obviously intoxicated. The defendant may even negotiate a plea deal, or they may not be charged at all. However, a lack of criminal charges or conviction does not mean you cannot pursue and win a personal injury case. 

In a personal injury lawsuit – which is a civil case – you need to prove the drunk driver was more likely than not responsible for your injuries because of their negligence. Drunk driving tends to lead to negligent actions that can cause accidents, such as failing to follow traffic laws. Because the burden of proof is lower than that of criminal proceedings, it is possible to secure a favorable outcome even if the defendant is acquitted.  

At Buckingham & Vega Law Firm, we do not shy away from challenging cases. Even if the intoxicated driver who injured you managed to avoid a conviction, our drunk driving accident attorneys in New Mexico are prepared to fight for you. 

How Dram Shop Liability Can Impact Your Drunk Driving Personal Injury Claim

Dram shop laws significantly expand the scope of potential liability in drunk driving accident cases, allowing victims to seek compensation from establishments that served alcohol to the intoxicated driver. These laws, which vary by state, are based on the reality that bars, restaurants, and other alcohol-serving establishments have a responsibility not to serve alcohol to visibly intoxicated individuals or minors. If they fail in this duty, they can be held liable for the consequences.

For instance, consider a scenario where a bar continues to serve drinks to a patron who is visibly intoxicated. If this person then decides to drive and causes an accident resulting in injury or property damage, the bar may potentially be held responsible under the applicable state’s dram shop laws. This can provide an additional avenue for victims seeking compensation for their injuries, medical bills, lost wages, and other damages. In such cases, the establishment may be required to pay damages along with or instead of the drunk driver.

However, successfully pursuing a claim under dram shop laws requires demonstrating a direct link between the establishment's actions and the accident. This presents its own set of challenges, as victims must prove that the establishment served alcohol to someone who was clearly intoxicated and that the decision to do so directly contributed to the accident and resulting injuries.

Our drunk driving accident lawyers have the experience, resources, and tenacity to meet these challenges head-on. Our team is adept at investigating these cases, gathering evidence to substantiate your claim, and arguing your case convincingly. We are committed to exploring every legal avenue available to ensure you receive the maximum compensation you deserve.

Why You Should Hire an Attorney to Help with Your Drunk Driving Accident Case