On June 5, 2023, the Delaware State Police announced that an arrest had been made in a recent DUI accident case. A 48-year-old man from Delmar is facing a felony vehicular assault charge in relation to a five-vehicle crash in Sussex County. Within this article, our Wilmington auto accident lawyer explains what we know about this case and highlights three reasons why DUI crash claims are different.
Report: Three People Sought Medical Care After a Multi-Vehicle DUI Crash in Bridgeville, DE
The Delaware State Police have confirmed that the man is facing several felony criminal charges after causing a chain reaction crash in Bridgeville, Delaware. An investigation revealed that the manwas both distracted by his cell phone and impaired by illicit drugs at the time of the crash. The ripple-effect collision led to non-life-threatening injuries for three, including a young child.
Three Reasons Why DUI Accident Claims are Different
DUI accident claims are notoriously complex. Following a crash caused by a drunk driver or a drugged driver, it is imperative that victims know how to take the necessary steps to protect their rights and interests. Here are three key reasons why these claims are different:
- Intoxicated Driving is Per Se Negligence: Typically, in personal injury cases, one must establish that the other party acted negligently. However, DUI accident claims are distinct in that intoxicated driving is deemed “per se” negligence, meaning “in itself.” This indicates that the act of driving under the influence is inherently negligent. The plaintiff generally only needs to prove that the defendant was intoxicated at the time of the crash.
- There May Be Corresponding Criminal Cases: DUI accidents also differ from other car accident claims due to the potential involvement of a parallel criminal case. The defendant could be facing criminal charges for driving under the influence, and the outcome of this case can heavily influence the civil claim. Evidence, testimony, and findings from the criminal case can be utilized in the civil claim to strengthen the victim’s case.
- Punitive Damages are Sometimes Available: In most car accident cases, the victim seeks compensatory damages for medical expenses, property damage, and lost wages. However, in DUI cases, victims may also be eligible for punitive damages. These are intended to penalize the defendant for their particularly reckless behavior and serve as a deterrent for others.
Contact Our Wilmington, DE DUI Accident Attorney Today
At Freibott Law Firm, our Delaware car crash lawyer has the professional expertise that you can trust in even the most complex of legal cases. If you or your loved one was hurt in a collision with a drunk driver, we are here to help. Call us at (302) 633-9000 or connect with us online for a no-cost, no-obligation case review. From our law offices in Wilmington and Lewes, we are well-positioned to handle DUI accident claims throughout all of Delaware.