A West Lafayette, IN man was recently sent to prison for more than 20 years for causing a drunk driving accident that killed a 56-year-old woman and a 17-year-old boy. The man pleaded guilty to eight charges for causing the crash that killed the two victims and left another victim critically injured.

The accident occurred on US 52 West on September 18, 2023. According to prosecutors, the man was driving at 62 mph when he ran a stop sign and T-boned another vehicle. His blood alcohol content was four times the legal limit at the time of the crash.

He was sentenced to 28 years in prison, with four of that on supervised probation and community corrections.

Drunk Driving Accidents

Drunk driving accident lawsuits are legal proceedings initiated by victims or their families seeking compensation for injuries, damages, and losses resulting from an accident caused by a driver under the influence of alcohol or drugs. These lawsuits are typically civil actions pursued independently of any criminal charges the intoxicated driver may face. The following is a brief overview of these actions. For more detailed information, call our office to speak with a Lafayette, IN personal injury lawyer.

Legal Basis And Elements

In a drunk driving accident lawsuit, the plaintiff (the injured party or their representative) must establish several key elements to prove liability:

  • Duty of Care: The defendant (the intoxicated driver) owed a duty of care to operate their vehicle safely and responsibly.
  • Breach of Duty: The defendant breached this duty by driving under the influence of alcohol or drugs.
  • Causation: The defendant’s intoxicated driving directly caused the accident and resulting injuries.
  • Damages: The plaintiff suffered actual damages, such as medical expenses, lost wages, pain and suffering, and other related losses.

Types Of Damages

Damages sought in drunk driving accident lawsuits can be extensive, reflecting the severity of injuries and the impact on the victim’s life. These may include:

  • Medical Expenses include costs for emergency medical treatment, hospitalization, surgeries, rehabilitation, and ongoing medical care.
  • Lost Income: Compensation for wages lost due to inability to work during recovery or long-term disability.
  • Pain and Suffering: Non-economic damages for physical pain, emotional distress, and diminished quality of life.
  • Punitive Damages: In cases of egregious conduct, punitive damages may be awarded to punish the defendant and deter similar behavior.

Legal Process

Drunk driving accident lawsuits typically begin with the plaintiff filing a complaint against the defendant. The defendant must respond to the complaint, and both parties engage in discovery, where evidence such as police reports, witness statements, medical records, and expert testimony is exchanged. Settlement negotiations may occur at any stage, potentially resolving the case without going to trial.

Trial And Judgment

If a settlement cannot be reached, the case proceeds to trial. Both sides present their arguments and evidence before a judge or jury during a trial. The plaintiff’s burden of proof rests on demonstrating that the defendant’s intoxication directly caused the accident and resulting damages. If successful, the court may award compensatory and punitive damages based on the evidence presented.

Collecting Compensation

Once a judgment or settlement is reached in favor of the plaintiff, efforts are made to collect the awarded compensation from the defendant. This may involve garnishing wages, placing liens on property, or other legal means to satisfy the judgment.

Call Our Office For Legal Assistance

Drunk driving accident lawsuits serve not only to compensate victims for their losses but also to hold intoxicated drivers accountable for their reckless actions. If you have been injured or lost a loved one in a drunk driving accident, call Hall-Justice Law Firm LLC today to schedule a free case evaluation to find out your legal options.