Drunk driving incidents are always preventable. If a driver failed to prevent an accident by drinking excessively, an injured party or family member may seek retribution from the driver. It’s best for victims of drunk driving to know their rights prior to the occurrence of a drunk driving incident or immediately following an occurrence.
What Happens After a Drunk Driving Incident?
At the scene of an accident, a police officer will usually take an incident report. The police officer will note whether there was suspected alcohol involved. If there was suspected foul-play, the driver will be arrested while the victim will be taken to the hospital.
If a victim of drunk driving survives the accident, the first step will be to process the incident. A victim of drunk driving will probably be damaged emotionally, physically and psychologically, especially if others were unlucky and died during the incident. If a victim does not survive, the victim’s family member is charged with the responsibility of making funeral arrangements and processing their loved one’s death at the same time.
The Victim’s Right to Seek Retribution
Should an accident occur, the victims of drunk driving or their families might face exorbitant medical bills, funeral expenses, lost employment wages, etc. In fact, most victims or their family members might pay for those expenses out of their own pockets.
The victim of a drunk driving incident has the right to seek retribution from the incident. When I say retribution, I mean the victim should be made “whole.” If the victim has an excess of medical expenses, lost wages, travel expenses, they may be recoverable by suing the drunk driver in civil court. Also, a victim of drunk driving may be entitled to future payments, based on the nature and degree of the injury.
The Victim’s Right to Seek Criminal Punishment
In California, drunk drivers may be charged with DUI (Driving under the Influence) or DWI (Driving While Impaired).
Victims of drunk driving or their family members should prepare as much evidence as possible for a court appearance. A victim should try to recall the specific details surrounding the incident. A victim or a family member can also introduce witnesses to the court appearance, if any are available. A victim of drunk driving should immediately make a detailed account of the entire incident as soon as possible, while it is still fresh in the victim’s mind.
If the driver is found guilty of a DUI or DWI or even manslaughter, the driver may be sentenced to time in prison. A victim of drunk driving has the right to see the defendant punished for his/her crime.
The content of this article is not intended to replace legal advice. For legal advice, please contact an attorney in your state.
Debrina Washington - Debrina L. Washington owns and operates her own NY-based virtual law practice, DL Washington Law. Additionally, I am a Contributing Writer ...
