While those who drive under the influence of alcohol (DUI) pose a serious risk to others with who they share Mississippi roadways, the criminal justice system is designed to help victims of intoxicated drivers obtain justice. Unfortunately, the standard of proof in criminal court which is beyond a reasonable doubt can make it hard to obtain such justice. When the criminal system fails to punish those who engage in the reckless practice of driving while intoxicated, a civil lawsuit can serve multiple functions including punishing the wrongdoer, discouraging similar reckless conduct in the future and obtaining compensation for Mississippi DUI accident victims.
A recent case illustrates the failings of the criminal law system in obtaining justice for accident victims. A Jackson woman who was involved in a DUI accident that resulted in serious injury to a motorcyclist in 2009 may end up facing no punishment through the criminal justice system. After two prior attempts to convict her of aggravated DUI (DUI with injury) resulted in a hung jury, the Hinds County District said he doubts the woman will be prosecuted again. It is important to keep in mind that the burden of proof is extremely high in a criminal case whereas all that must be shown in a civil lawsuit is that it is “more likely than not.”
The accident occurred when the woman allegedly made a left hand turn in front of the motorcyclist. Two witnesses at the trial indicated that the woman caused the accident when she turned in front of the motorcyclist. There was also no dispute that the woman was intoxicated. The woman’s blood alcohol level tested at .13 percent when tested following the accident. The police officer that investigated the accident concluded from witness statements and investigation of the accident that the woman caused the collision with the motorcycle by failing to yield.
It is important to note that perhaps the woman was not convicted because there was simply insufficient evidence that she was at-fault. However, the lower standard of proof in a civil case can make a significant difference in outcome. If the district attorney decides not to retry the defendant, the injury victim who suffered serious injury may bring a civil lawsuit to seek financial compensation for his injuries. There are many situations where there is not enough evidence to meet the beyond a reasonable doubt standard, but there is enough evidence to meet the lower burden of proof in a personal injury civil lawsuit.
While “monetary justice” may not be as satisfying to the victim of a person who causes injury by engaging in unsafe conduct, a substantial verdict or settlement against a drunken driver may result in some form of punishment and deterrent to such behavior in the future. It may also provide the vital financial compensation that an injury victim needs in the wake of suffering serious injuries. The experienced Mississippi personal injury attorneys at Barrett Law have been providing tenacious representation to DUI car accident victims for over 75 years. We provide diligent legal representation and impassioned advocacy so we invite you to call us today at 662-834-2376 to learn how we can help.