Driving under the influence of alcohol or drugs is not only a criminal offense. If the driver causes an accident that injures another person, the driver can be made to answer for damages in a civil lawsuit. In addition, the person who is hurt may have grounds to sue other parties whose negligence contributed to the accident.
Recovering damages from the driver at fault requires proving the driver’s intoxicated or drug-impaired state. Evidence may include police reports, eyewitness statements, dashcam footage, or results from field sobriety and chemical tests such as blood alcohol concentration (BAC) tests.
A concurrent criminal DUI case against the drunk driver can be a significant advantage in proving the civil case. The prosecution must prove the driver's intoxication beyond a reasonable doubt, which is a much higher standard of proof. A conviction can thus serve as compelling evidence in the civil case.
The Connecticut Dram Shop Act can provide an additional avenue for recovering damages. Under Connecticut General Statutes § 30-102, a bar, restaurant or other establishment can be held liable for serving alcohol to an intoxicated patron who then causes injury. The maximum recoverable amount under the Dram Shop Act is $250,000 for injuries to a single person and $250,000 in aggregate for injuries to multiple people. Proving a dram shop claim requires showing that the server knew or should have known that the patron was intoxicated. Evidence may include witnesses who saw the patron's condition, surveillance footage and records of how much alcohol was served the patron over what period of time.
In addition to the driver and the alcohol-serving establishment, other parties may also be liable. Connecticut law allows for bringing a claim of negligent entrustment against a vehicle owner who allowed an intoxicated person to drive their vehicle, provided that the owner knew or should have known that the driver was unfit to operate the vehicle safely. Similarly, Connecticut law has a doctrine that make vehicle owners liable for accidents caused by family members who have permission to use the car.
If the accident resulted in a fatality, a wrongful death action might be pursued on behalf of the decedent’s surviving family members. Potential recoverable damages include medical expenses incurred before death, funeral and burial costs, lost future earnings, and the loss of companionship, guidance, and support. Additionally, the estate can file a survival action to recover damages the deceased could have claimed if he or she had survived, such as pain and suffering endured before death. The proceeds of these actions go to the estate beneficiaries.
Gesmonde, Pietrosimone & Sgrignari, L.L.C. in Hamden and East Haven advocates on behalf of victims of car crashes throughout Connecticut. To discuss your case, please call 203-745-0942 or contact us online.
Gesmonde, Pietrosimone & Sgrignari, L.L.C. is located in Hamden, CT and serves clients in and around North Haven, Hamden, Waterbury, Bethany, Milford, Wallingford, Prospect, Woodbridge, Northford, Madison, Beacon Falls, Branford, Cheshire, North Branford, East Haven, Naugatuck, Meriden, Ansonia and New Haven County.
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