Two drivers suffered serious injuries after a wrong-way crash near the I-75 and I-275 intersection in Manatee County. The crash happened around 1:15am when a 23-year-old man was traveling northbound in a southbound lane. His vehicle, a BMW sedan, hit the front of a Chevrolet SUV driving southbound. The driver, a 70-year-old Port Charlotte man, suffered serious injuries, but his 69-year-old female passenger only suffered minor injuries. Authorities are conducting a DUI investigation with charges pending results.

Can you sue a drunk driver for personal injuries?

When someone is arrested for drunk driving, they face charges in criminal court. If convicted, the consequences of a criminal case typically include jail time, fines, probation or other consequences. District attorneys have discretion whether to press charges against the accused—the victims can’t file their own charges.

In civil cases like personal injury lawsuits, however, the victim can file a claim against the defendant and, if successful, recover financial compensation for their medical expenses, pain and suffering, lost wages and more. The burden of proof is lower, too, which makes it easier for plaintiffs to prevail on their claim.

Negligence per se and drunk driving

When a defendant causes an accident while breaking a law designed to prevent that kind of accident, that’s considered negligence per se. Drunk driving accidents are just one example of negligence per se. This is considered an automatic breach of their duty of care, and the defendant is assumed negligent as a matter of law. The burden of proof shifts to them to prove that they were not acting negligently, or that they did not cause the plaintiff’s injuries.

In this case, if the wrong-way driver was found to be driving drunk, the injured victims could sue him for damages and likely prevail.

Call the knowledgeable Manatee County, FL personal injury lawyers at Goldman, Babboni, Fernandez, Murphy & Walsh today to learn more about your potential claim.