Drunk driving is a persistent issue that continues to claim thousands of lives each year. When a drunk driver kills another driver, passenger, or pedestrian in a senseless accident, it leaves tremendous grief and a sense of injustice for the victim’s family and loved ones. Filing a wrongful death lawsuit against the at-fault driver is one way families can pursue accountability and seek financial compensation for their pain and suffering, as well as redress for the loss of income the person may have provided before their death.
The Devastating Impact of Drunk Driving
Over 13,000 people die every year in drunk driving crashes in the United States, with 13,524 deaths in 2022. These are shocking, preventable deaths that cause immense suffering. Beyond the incalculable emotional trauma of losing a loved one, families also face significant financial costs, like funeral and medical expenses.
Drunk driving deaths are particularly tragic because they are not unavoidable “accidents.” When a drunk person chooses to get behind the wheel, they are making an irresponsible and reckless decision that puts others at risk. Drivers with a blood alcohol content of 0.08% or higher are legally considered impaired. At this level of intoxication, basic motor functions and decision-making abilities are dangerously compromised.
Seeking Accountability Through a Wrongful Death Lawsuit
Because drunk driving deaths are so unjust, families deserve the right to pursue legal accountability against the at-fault driver. This is where a wrongful death lawsuit comes in. The basis of these lawsuits is that another party’s negligence or misconduct directly led to someone’s death.
In drunk driving cases, the drunk driver’s decision to operate a vehicle while impaired establishes negligence and disregard for human life. By filing a wrongful death lawsuit, families communicate that the driver’s actions were morally and legally unacceptable, warranting punishment and financial restitution.
The Process of Building a Wrongful Death Case
Successfully proving wrongful death requires careful steps, including:
- Investigation and evidence collection: Police reports, blood alcohol tests, and crash reconstructions help establish liability. Eyewitness statements also provide clarity on what occurred.
- Proving legal duty: Drivers have a legal duty to operate vehicles safely without endangering others. Drunk driving violates this duty.
- Demonstrating causation: A toxicology report and other evidence can scientifically show the driver’s intoxication level and link it to the hazardous driving that caused the crash.
- Calculation of damages: Quantifiable losses like medical costs and lost future income are used to request monetary compensation. Intangible losses like pain and suffering may also be factored in.
- Negotiation or trial: Many wrongful death cases settle out of court through negotiation. However, some proceed to trial if a settlement cannot be reached.
While the legal process is complex, an experienced wrongful death attorney can guide families through building a compelling case. Vital evidence needs to be secured quickly before it disappears or degrades.
The Role of Compensation in Wrongful Death Cases
Money cannot replace someone’s irreplaceable life. However, financial compensation through a wrongful death lawsuit is critical for several reasons:
- Accountability: Monetary punishment gets drunk drivers’ attention and reinforces that their deadly actions carry consequences. It also sets a precedent to deter others from driving drunk.
- Justice: Although the law cannot undo the tragedy that occurred, financial compensation partially addresses the tremendous loss inflicted on the victims’ family.
- Financial support: Funds from a wrongful death case help cover burial costs, medical expenses, lost future earnings and income that the deceased could have contributed to their family. This financial security assists grieving families.
- Future safety promotion: If funds are allocated to drunk driving prevention organizations, they can be used to educate on driving risks, support survivors, strengthen laws, or install roadway protections. This creates meaningful change from a senseless tragedy.
Additional Challenges in Wrongful Death Lawsuits
Several factors make successfully winning a wrongful death drunk driving lawsuit more difficult compared to other personal injury cases:
- Burden of proof: The burden is on the plaintiff to conclusively prove that drunk driving directly caused the death. Defense lawyers will look for any other potential contributing factors to shift blame.
- Calculation of damages: Putting a dollar value on human life and emotional suffering is complex. Plaintiffs need to thoroughly demonstrate and justify losses.
- Drunk driver resources: Drunk drivers often lack sufficient insurance or assets to pay large claim amounts, limiting compensation.
- Establishing liability: If the drunk driver fled the scene or died in the crash, it becomes more difficult to prove their liability through evidence like blood alcohol content.
- Defendant sympathy: Juries may feel sympathetic to drunk driver defendants when learning about their personal life and circumstances. Plaintiffs need to reinforce the preventable nature of the crime.
- Statute of limitations: Wrongful death claims must be filed within 1-3 years in most states. Swift action is essential.
While the deck seems stacked against drunk driving wrongful death lawsuits, families can still successfully hold negligent drivers accountable through persistence, investigation, and the law on their side. Though emotionally difficult, the fight for justice is one worth waging.
An Uphill Legal Battle, But One Worth Fighting
Successfully winning compensation in a wrongful death drunk driving case requires determination and perseverance. The legal bar is high, and it takes time and effort to investigate, locate witnesses, compile evidence, establish damages, and negotiate a settlement or take a case to court.
The process forces grieving families to relive painful events and memories. Emotional stress is inevitable. However, with a compassionate attorney from Daniel T. Pagliarini on your side, families can take comfort knowing that they are pursuing accountability and seeking the maximum compensation they deserve after losing someone so dear. Though the legal system cannot make families whole again, delivering some form of justice and financial support brings direction and purpose during the difficult grieving process.
If you have lost a loved one in a drink driving accident in Hawaii, get in touch with us today. You can visit out office at 700 Bishop St, Ste 2100, Honolulu, HI, 96813.
Alternatively, call us today for a free consultation on (808) 745-1592.