Kentucky drivers who operate a motor vehicle while intoxicated may face criminal charges for driving under the influence. In addition to being charged with a DUI, drunk drivers involved in a car accident may also be sued for damages in civil court by any party that suffered injuries or damages in the accident.
Generally, a civil suit will be brought by the driver and passengers of a vehicle that was struck by a drunk driver or a pedestrian or cyclist that was hit by the drunk driver’s vehicle. The intoxicated driver will be named as a defendant in the suit, which will likely be based on the legal definition of negligence. The plaintiffs will need to establish that the defendant driver breached his or her duty as a motorist by driving under the influence and/or violating other traffic laws, and that the defendant driver’s actions caused the accident and the plaintiffs’ resulting injuries and damages.
In addition to the intoxicated driver, the owner of the intoxicated driver’s vehicle or the employer of the intoxicated driver, may also be named in the suit depending on the circumstances surrounding the accident. For example, the plaintiffs may allege the owner of the intoxicated driver’s vehicle negligently entrusted their vehicle to an incompetent driver. The plaintiffs could also allege a driver’s employer was vicariously liable for the driver’s negligence if the driver was drinking alcohol during a work event or acted negligently while within the scope of his or her employment.
Filing a personal injury lawsuit against a drunk driver can give accident victims a chance to recover compensation for their injuries. A personal injury attorney in the Monticello area can review your case and help you proceed with your claim.