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Double Whammy for DUI Car Accidents

Car accidents are by definition unintentional, and even when death or serious injury occurs, it does not necessarily make it a tort or wrongful act case. For example, if both drivers in an accident exercised reasonable caution but external factors i.e. poor visibility due to bad weather causes them to collide, there is no negligence, so there is no tort. Another example would be if a defective tire causes a rollover that involves multiple vehicles, the driver is not liable for any injuries or property damages, although a case against the tire manufacturer may be applicable.

But some car accidents due to driver negligence are civil torts, rendering the driver vulnerable to civil litigation and financial claims for injuries, deaths and property damage, and possibly pain and suffering. This type of negligence would include distracted driving, driver error, and speeding. If you suffered injuries due to this type of car accident, it is possible to get compensation but only if you get the right lawyer. An article on the website of the Law Offices of Yvonne Fraser with practices in Waco points out that civil litigation is not a simple process. It requires the right kind of legal representation to assess, prepare and present a case successfully.

In still some other cases, a car accident may be both a civil tort and a criminal offense even if there was no actual intent to do harm. A good example is a car accident caused by a driver who was driving under the influence of an intoxicant (DUI) whether alcohol or drugs. While the accident itself was unintentional, the driver knew or should have known that driving while intoxicated would make an accident likely. A DUI car accident is considered a criminal offense anywhere in the US. But even if the driver is charged for the crime of DUI, victims may also bring a civil case to recover damages. Because of this double whammy, it makes no sense to risk everything by drinking and driving.