Collision mechanics
The investigation should establish speed, lane movement, braking, right of way, point of impact, and other facts showing how the crash occurred.
Drunk Driving Accident Attorney
When an impaired driver causes a serious crash, the civil injury claim requires its own investigation.
A criminal DWI investigation and a personal injury claim can arise from the same collision, but they serve different purposes. The injury case should preserve crash evidence, investigate impairment evidence, identify insurance and potentially responsible parties, and document the full consequences of the injuries.
Crash evidencePhotographs, video, witnesses, vehicle evidence, reports, and roadway information can help establish how the collision occurred.
Impairment evidenceLaw-enforcement observations, testing, video, witness accounts, and other available evidence may become relevant.
Separate civil claimThe injured person’s claim for damages is distinct from the government’s criminal prosecution of the driver.
Complete damagesMedical treatment, income loss, impairment, property damage, and other supported losses should be documented.
At a Glance
A DWI arrest may be important evidence, but the injury claim still has to prove liability, causation, and damages.
The civil investigation should determine how the crash happened, preserve available evidence of impairment, identify all potentially responsible parties and insurance, and document the injuries and losses caused by the collision. The criminal case may produce useful information, but it does not replace development of the civil claim.
The practical question
What evidence establishes the unsafe driving and impairment, how did that conduct cause the collision, and what injuries and losses resulted?
What Can Shape the Case
Six issues that can shape an impaired-driving injury claim.
Evidence of impairment
Officer observations, testing, body-camera or dash-camera footage, witnesses, admissions, and other evidence may become relevant.
Criminal proceedings
The related criminal case may contain evidence, but the injured person’s civil claim remains a separate legal matter.
Additional responsibility
Depending on the facts and applicable law, the investigation may extend beyond the impaired driver to other potentially responsible parties.
Insurance coverage
Applicable liability, uninsured or underinsured motorist, and other potential coverage should be identified and reviewed.
Damages
Medical care, lost earnings, property loss, impairment, disfigurement, pain, and other legally recoverable losses require evidence.
The Questions That Matter
The civil case should preserve its own evidence even when law enforcement is also investigating the driver.
Police and prosecutors investigate possible criminal violations. The injury claim separately requires evidence establishing civil responsibility and the losses suffered by the injured person.
How did the crash occur?
Use scene evidence, reports, video, witnesses, vehicle damage, roadway information, and other available materials to reconstruct the collision.
What evidence supports impairment?
Identify testing, officer observations, video, witnesses, admissions, and other evidence that may be available.
Are other parties or policies relevant?
Evaluate potentially responsible parties and all insurance coverage that may apply to the collision.
What are the complete damages?
Document medical treatment, work loss, property damage, limitations, and other supported consequences.
What to Do Now
Preserve the injury claim independently of the criminal investigation.
Keep crash evidence
Preserve photographs, video, witness information, reports, vehicle information, and insurance records.
Track the related case
Keep available information identifying the law-enforcement agency, report, citation, arrest, or criminal proceeding connected to the collision.
Document medical treatment
Maintain records of diagnoses, treatment, bills, restrictions, symptoms, and recovery.
Identify available coverage
Do not assume the impaired driver’s liability policy is the only potentially applicable source of recovery.
Our Process
An impaired-driving injury case should connect the crash evidence, impairment evidence, and damages.
Investigate the collision
Collect scene evidence, reports, video, witnesses, vehicle information, and roadway evidence.
Preserve impairment evidence
Identify law-enforcement materials, testing information, video, witnesses, and other relevant evidence.
Document injuries and coverage
Develop the medical and financial evidence while identifying potentially applicable insurance.
Pursue the civil claim
Use the developed evidence in negotiations and, where appropriate, litigation independent of the criminal prosecution.
Strategy
The criminal case and civil claim can overlap without being the same case.
An arrest or prosecution may generate evidence relevant to the collision, but the injured person’s civil case must still establish responsibility and damages under the applicable civil standards.
Developing the claim independently helps ensure important evidence, insurance issues, and injury documentation are not overlooked while the criminal process moves forward.
Frequently Asked Questions
Drunk driving accident claim questions.
Does a DWI arrest automatically win the injury case?
No. An arrest can be relevant, but the civil claim still requires analysis of liability, causation, damages, admissible evidence, and applicable law.
Is the criminal case the same as my personal injury claim?
No. The government controls the criminal prosecution. The injured person’s civil claim separately seeks legally recoverable damages arising from the collision.
Can evidence from the DWI investigation matter in the civil case?
Potentially. Reports, testing information, video, officer observations, witness testimony, and other evidence may be relevant depending on the circumstances.
What if the impaired driver has limited insurance?
Other potentially applicable coverage should be investigated, including first-party coverage when available and relevant under the policy and facts.
Should I wait for the criminal case to finish before investigating my claim?
Important collision evidence can become unavailable over time, so the civil claim and applicable deadlines should be evaluated without assuming the criminal case will preserve everything needed.
Drunk Driving Accident Consultation
Build the civil injury claim while the impairment evidence is still available.
The Piri Law Firm can investigate the collision, preserve evidence related to impairment, identify potentially responsible parties and insurance, document the injuries, and pursue the civil claim.
Call833-FOR-PIRI
LanguagesEnglish · Español · Français
ServiceDrunk Driving Accident Injury Claims
Request a Consultation
Every injury claim depends on its individual facts, evidence, applicable law, available insurance or other sources of recovery, and legally recoverable damages. Prior results do not guarantee a similar outcome.