Intoxicated drivers face heavy fines, driving license suspensions and potential jail time when they injure others. Unfortunately, these punishments do little to help victims with the help of drink driving lawyers. Financial compensation for victims is not the main goal of the criminal justice system. If you or a family member is harmed by a drunk driver’s hand, you must file a personal injury lawsuit in civil court to win damages.
Insurance is a starting point for injured people to seek compensation after an auto accident, including a DUI-related accident. Injured individuals first collect from their personal injury protection (PIP) coverage, which provides up to $ 10,000. When more than $ 10,000 is required, the victim may pursue damages from a drunk driver or anyone else who may be liable.
There are a number of grounds on which drink driving lawyers can support a personal injury lawsuit:
- Negligence – When a person breaks the law and injures, it is considered negligence. Since drunk driving violates Australian law, the victim may argue that the driver was negligent and should be held responsible for the damage. Statutory violations do not guarantee victory, but they are strong evidence.
- Liability – Australian law allows an injured victim to sue the car owner if the drunk driver borrowed someone else’s car at the time of the accident and was driving it. The principle of reversible liability allows the owner of the vehicle involved in the accident to be held responsible for the negligence of any person driving with their consent.
- Careless handing over – This premise of responsibility applies in certain situations where a drunk driver was driving someone else’s car. The owner may be considered negligent if he or she knows or knows that the person to whom he or she gave the car has a history of reckless driving, drunk driving, or other serious traffic offences.
- Shop Liability – Under the Liability Act, a business entity may be liable to knowingly supply alcohol to a person under the age of 21 or to a person with a “habit” of alcohol. If that person drives a vehicle and injures another person. This law only applies to businesses that sell alcohol. If a drunk driver is served at someone’s home, you cannot sue the landlord for your injuries.
You may want to speak with experienced hire a drink driving lawyers in Melbourne to determine which of these legal principles may apply to your situation.