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Recovering Compensation from A Drunk Driver: What to Anticipate from A DUI Defense Attorney

Valdes March 12, 2023

Being injured in an auto accident is a jarring experience, and a crash with a drunk driver can make the situation even more difficult. At The Law Offices of Gold, Albanese & Barletti, LLC, our seasoned legal team includes both personal injury lawyers and defense attorneys. Our team’s collaborative approach helps us anticipate which defense strategies a DUI defense attorney may employ in a civil case.

DUI Defense Strategies

Navigating the legal complexities of recovering compensation in a DUI case can be challenging. Even if the other driver has been convicted of a DUI, you must still prove your civil case in order to recover compensation. Whether a DUI defense attorney is representing an individual or their insurance company, defense lawyers are quite adept at denying liability and minimizing damages that accident victims receive.

Some examples of defense strategies in DUI cases include:

A DUI defense attorney may try to assert that their client was not the cause of the accident. Inclement weather, road conditions or even placing blame for the accident on you or another driver are all strategies that a DUI defense lawyer may employ.

The defense may also claim that the establishment or person who over-served the defendant alcohol is to blame for your injuries.

A drunk driver may use the Fifth Amendment to refuse to answer questions in a civil case. However, unlike a criminal case where a jury cannot infer guilt from a defendant’s pleading the Fifth, there is no protection against inference of liability in a civil case.

If the defendant took the Fifth Amendment to avoid self-incrimination prior to a civil trial, it may prevent them from later testifying on the particular question they previously refused to answer.

Fighting for Compensation in A DUI Case

These are just a few of the creative strategies that DUI defense attorneys use. That’s why you need an experienced personal injury attorney who knows what to expect and is committed to protecting your rights. Insurance companies often try to deny or reduce claims in motor vehicle accident cases. Lawyers who are well-versed in dealing with DUI defense attorney tactics know how to aggressively negotiate fight for your rights to ensure you receive maximum compensation. They will take the time to investigate the cause of the accident, thoroughly review the defendant’s criminal DUI case, establish the full extent of your damages, and build a strong case on your behalf. In addition to compensation for medical bills, lost wages and property damage, a drunk driver may also be liable punitive damages their conduct is found to be negligent or egregious.

Contact Us

If you’ve been injured or have lost a loved one in a drunk driving accident, the knowledge and experience of our personal injury lawyers and DUI defense attorneys can lead to recovering maximum compensation you’re your damages. Contact the Law Offices Gold, Albanese & Barletti, LLC online or call to schedule a free consultation today.

Contact Gold, Albanese & Barletti, LLC

Whether you’ve been injured at work, in an automobile accident, or due to medical malpractice – you deserve justice and fair compensation for your injuries. Since 1997, the personal injury attorneys of Gold, Albanese & Barletti have established a legacy of justice for our clients. We will work tirelessly on your behalf to get maximum compensation for your injuries. There are no upfront legal fees and we don’t get paid unless you win your case.

Our firm is licensed and admitted to municipal, state, federal and appellate courts, including the U.S. Supreme Court. Since 1997, we have helped thousands of clients and established a track record of success across a wide array of legal practice areas.