Losing a loved one in a car crash is a tragedy. Particularly when another party was clearly at fault and did something obviously illegal or unsafe, grieving survivors may want justice. They might consider filing a wrongful death lawsuit.
State statutes permit litigation in cases where the omissions or wrongful acts of one party lead to the preventable death of another person. Many times, drunk drivers who cause crashes may face criminal prosecution.
Do families also have the option of pursuing civil litigation against a drunk driver?
Drunk driving is a wrongful act
Minnesota state law clearly prohibits impaired driving. Motorists who get behind the wheel after drinking or while under the influence of drugs have broken the law. They are likely also aware that their actions put others at elevated risk of injury, which could constitute intentional negligence.
Their wrongful act could provide the basis for a wrongful death lawsuit. A conviction for a drunk driving offense can help strengthen the lawsuit of the surviving family members by providing evidence of actionable misconduct.
Even if the state did not bring charges or could not secure a conviction, a wrongful death lawsuit may still be possible. The lower standard for evidence in the civil courts makes litigation possible when prosecution is not. It may also be possible to pursue a lawsuit against businesses in certain cases, such as when a drunk driver was on the clock.
Those affected by a deadly drunk driving crash may have the legal right to hold a drunk driver or specific third parties accountable for the incident. Pursuing a wrongful death lawsuit can help offset financial losses and provide closure to grieving survivors.