A picture is worth a thousand words. Photographs are key evidence in court, even more so when a drunk driver is at fault in an accident. If you are involved in a car accident, take as many photographs of both cars, the crash, the roadway, and the driver as possible. These pictures will make up the most significant part of the evidence presented in court.
After a drunk driving car accident, gathering evidence should be one of the first things you do. If the drunk driver remains in the car and is slumped over the wheel or gets out of the car to walk and is staggering, slurring their eyes, or are glassy-eyed, capture as many of these actions in a photograph or video.
To learn more about your legal rights, contact an experienced Tucson Car Accident Attorney with Karnas Law Firm, PLLC.
Does a prosecutor or district attorney represent the victims of drunk drivers?
There are two justice systems: civil and criminal. Civil litigation involves an injured party seeking compensation for sustained injuries and damages may include medical expenses as well as pain and suffering. The criminal justice system involves cases where a law or regulation has been violated, including driving under the influence (DUI). Criminal litigation is a completely different system, involving negligence between different parties.
Prosecutors, in most cases, represent state entities or governments. While prosecutors and district attorneys may not be directly representing you, they are meant to take the wishes of victims into account. As the injured person, you have to:
- Assume that it is up to you to seek compensation
- Hire a civil attorney
- Develop your suit
- Get the compensation you deserve.
There are instances in which the prosecutor and the law allow for restitution, but that is rarely paid. Furthermore, criminal restitution is not insurable.
If a drunk driver is not prosecuted, can a victim still go ahead and seek a civil case?
The standard for holding somebody criminally liable versus civilly liable is entirely different. In a civil context, the drunk driver has to be guilty beyond a reasonable doubt, which is usually difficult because the case is airtight. However, just because somebody is found not guilty of the criminal violation does not mean that you cannot go after them civilly.
The fact that they are found not guilty will generally not be admissible in your civil case. In that case, you will need to search specifically for a civil attorney. A criminal attorney has nothing to do with getting damages in a civil lawsuit; therefore, you need a civil attorney, an attorney who does personal injury.
What can a family do if their loved one died in a drunk driving accident?
In this situation, the family will need to hire a personal injury attorney, get a personal representative appointed, and bring a lawsuit depending on the state and on behalf of the deceased’s survivors, including the spouse or blood relatives.
Contact Karnas Law Firm
To receive the compensation you deserve after being involved in a drunk driving car accident, contact the Car Accident Attorneys at Karnas Law Firm.