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Defending a Personal Injury Lawsuit After a Car Accident and DUI Arrest


As most of us know first-hand, car accidents can be complicated incidents that can result in thousands of dollars in loss, physical injuries, and other damages. Most of the time, the car insurance company of both drivers negotiate amongst each other to determine who was at-fault, inform the drivers of the outcome, and then close the claim. But, what happens if one of the drivers sues the other in a personal injury lawsuit through civil court? And to make matters more sticky, what if one of the drivers was arrested for being under the influence at the time of the accident?

As Cohen & Cohen can explain, if you were the driver deemed at-fault for the car accident and face a DUI conviction too, then it is imperative that you obtain legal protection now. Here are defense strategies that your lawyer may use in your defense:

The Driver’s Claims are Dramaticized

The other driver may be suing you for thousands of dollars in medical bills, property damage, loss of wages, and more. However, some cases are filed with claims that are greatly overstated and exaggerated just so they can get more out of the accused. Your lawyer may come to your defense through evaluating whether the claims are actually in truth or have been dramaticized. For instance, your lawyer may consult with medical professionals and other experts in the medical field to see if the injuries the driver is claiming appear to be valid or not.

The Lawsuit Wasn’t Filed On-Time

A significant number of personal injury claims are filed due to an injury that wasn’t present or as serious initially, but then developed into a serious condition that requires long-term treatment. As the driver who was supposedly drunk at the scene of the accident, the other driver may blame you and come after you for money. Every state has a statute of limitations. If the other driver filed a lawsuit against you for expenses related to their injuries and medical care that was past the deadline, then the case won’t have any standing in court.

You Did Not Owe a Duty to the Other Driver

To win a lawsuit against you, the prosecution will have to show beyond a reasonable doubt that you were responsible for the car accident. The prosecution will have to do much more than state you were supposedly drunk at the time of the collision. Being drunk doesn’t automatically mean you are guilty of having caused the crash. There are three elements that the prosecution will have to show:

  1. That you owed a duty of care to the other driver to operate your vehicle in a safe manner.
  2. You violated this duty of care to the other driver which caused the accident.
  3. Because of this breach in duty of care, quantifiable damages resulted.

The consequences for being deemed at-fault for the car crash as well as driving while under the influence of alcohol can wreak havoc on a person’s future and finances. It is in the best interest of anyone accused of being responsible for a car accident while drunk to get help from a criminal defense lawyer immediately.