In some cases, if you are found guilty of drunk driving or convicted of drunk driving, you may be liable for civil damages. The aim of the remediation in such cases is to impose penalties severe enough to prevent the driver from driving while drinking again. For example, a mother who lives after a drunk driver kills her husband and two daughters can sue for illegal death and seek damages. You will need help from Tampa DUI Lawyers to handle the case.
If the jury decides the damages of the DUI accident are very large, the defendant can claim that the verdict is unconstitutional. The court said whether the harm was physical or financial, whether the defendant’s actions recklessly disregarded the health or safety of others, whether the target was financially vulnerable, and whether the crime was a repeat crime. For example, a large restitution award may not be appropriate against a defendant when drowsiness is a side effect of his prescription medication and the cost of distracted driving is his first offense with the law.
However, a large indemnity award may be more appropriate in drunk driving cases where a drunk driver is a wealthy person with multiple DUI convictions who was driving without a license at the time of the fatal accident. Some of the activities that usually distract people from the road include texting while driving, trying to find driving directions, eating, getting into a heated argument with a passenger, putting on makeup, or trying to find a radio station. The National Highway Traffic Safety Administration found that distracted driving caused 20 percent of all motor vehicle accidents.
The distracted driver’s lack of attention to the road may be negligent. The legal theory of negligence can be demonstrated if the plaintiff can prove the defendant’s liability, breach of duty, actual and direct causes, and actual damages. In general, driving requires the full attention of the driver. Drivers must be able to respond to unexpected events, such as an animal running onto the road or a car suddenly braking. Paying attention to activities other than driving may be a violation of the obligation to be careful while driving.