The Differences Between Civil and Criminal Liability for a DUI Accident in South Dakota

According to a recent report from Forbes, South Dakota “has the highest number of DUI arrests per 100,000 licensed drivers” of any state. More alarmingly, about one-third of all traffic-related deaths in the state are the result of drunk driving accidents. Overall, the Mount Rushmore State ranks 11th in people killed in DUI accidents.

Of course, even non-fatal drunk driving crashes are serious matters. Victims often sustain permanent, life-altering injuries that cost them hundreds of thousands of dollars in medical bills, lost income, and other losses that are more difficult to measure in economic terms. And while DUI is a serious offense subject to prosecution in South Dakota, the criminal justice system does not prioritize compensating victims. Instead, it is left to these victims to seek justice through a personal injury claim.

Understanding the Burdens of Proof and Remedies

We often get questions about the differences between civil and criminal liability for a drunk driving accident in South Dakota. The first thing to understand is that these are, in fact, separate proceedings. You can file a personal injury lawsuit against the drunk driver who caused your car accident regardless of whether there is any pending criminal prosecution. In fact, even if a jury acquits an accused drunk driver in a criminal trial, their victims can still pursue–and win–a jury verdict in a separate personal injury case.

The reason for this is quite simple. In personal injury cases, the plaintiff (i.e., the accident victim) need only prove the defendant was negligent by a preponderance of the evidence. Keep in mind, you don’t need to commit a serious crime like DUI to cause a car accident. Many car accidents are the result of ordinary negligence, such as ignoring a stop sign or failing to signal before changing lanes. So accident victims never need to prove the defendant committed a crime, only that they engaged in some form of negligent or reckless driving that led to a preventable accident. If the driver is uninsured or poorly insured, you still can make a claim through your own insurer.  It is problems like this that make it an excellent reminder to update your own insurance to maximize the potential of a great loss – yours.  It is usually a modest upcharge.

In a criminal DUI prosecution, the rules are quite different. South Dakota prosecutors need to prove a defendant’s guilt “beyond a reasonable doubt,” which is a substantially higher burden of proof than the standard used in personal injury cases. To put it another way, a criminal jury must be certain the defendant committed a crime. A civil jury need only conclude it was more likely than not that the defendant was negligent.

The other key difference between civil and criminal DUI liability is the nature of the remedy. A criminal drunk driving conviction can result in jail time and other legal penalties, such as suspension or revocation of the offender’s license to drive. In a civil lawsuit, however, the victims seek monetary compensation–known as damages–for the losses they incurred as a result of the accident.

Contact a Sioux Falls Drunk Driving Accident Lawyer Today

If you were recently involved in an accident and you suspect a drunk driver was to blame, do not wait to seek legal advice. Our Sioux Falls drunk driving accident lawyers can review your case and explain your rights in this situation. Contact Hoy Law today at (605) 334-8900 to schedule a free consultation.

Source:

forbes.com/advisor/car-insurance/worst-states-for-drunk-driving/?ref=sdnewswatch.org