What Is DUI Victim Compensation?
Driving under the influence of drugs or alcohol is without doubt a crime. This crime involves a drunk driver who causes some sort of harm to others because of driving under the influence. These drugs can be alcohol, prescription drugs, and other addictive substances.
Drivers who are arrested for driving under the influence have to face consequences depending on the state they are in. Each US state has different laws and penalties for driving under the influence. If a driver is convicted with a DUI charge, they have to pay a criminal fee to the state government and perhaps serve a prison sentence. Drivers who have caused injury to others may get sued by the victim in civil court. The victim’s injuries decide the monetary damages they might receive.
The compensation that victims receive is on the sole discretion of the court and they use a couple of factors to decide the amount you should be compensated for. If you are looking for help with compensation in a DUI case, you must get help from an expert in Austin TX.
Let’s take a look at how the court determines how much compensation you shall receive:
5 Factors for Victim Compensation in Austin
Degree of Fault by the Driver
The negligence of the driver is one of the most important factors to be counted and if a drunken driver is convicted of a DUI that result in a crash. The negligence is enough proof for the civil courts to deem it as a case of negligence. However, that is not enough. Rules are different for each state and there are some states that demand a comparative negligence defense that decides the percentage of fault that is attributed to the driver. If the victim is not in a lot of fault, then you may not get high amounts of compensation.
The Medical Care You Require
If you are a victim of disabilities or other severe medical problems, the medical bills for your injuries may amount to a lot of money. If a DUI victim needs long-term medical care because of the type of injuries they receive in a DUI crash, the victim may be compensated for the damages that not just cover the present injuries but also the past and future medical expenses.
However, it is very important to note that the compensation for medical bills calculated during the trial and might not include the funds needed for the rest of the victim’s life. Once the victim has used up all of the money, they might not be eligible to ask the defendant for any more money.
The Dram Shop Laws
For those who do not know, there are Dram Shop Laws that illustrate the amount of alcohol a restaurant or bar is allowed to serve a customer. The victim is then permitted to sue the establishment that served the alcohol to the defendant. As these shops are liable for the amount of alcohol they serve to their customers. Moreover, they might be prohibited from collecting the damage from the defendant as they are not liable for those damages.
Future Lost Earnings In Case Of Injury
If a victim suffers damages like mental or physical injuries that have debilitating effects on them. These effects might lead the victim from being unable to work. Since they are not able to earn a living for themselves, they can get compensation for greater damages and that does not include the money they are unable to earn during their recovery period. This only outlines the loss of ability for earning in the future.
If a victim goes through wrongful death, this is a major factor that results in deciding the compensation. The compensation for this includes expenses like funeral expenses and other compensations. If the victim was a primary wage earner, they are to receive higher compensations.
DUI Victim Compensation VS Crime Victim Compensation
It is true that DUI compensation is considered a criminal offence but since the laws are different for every state, it is not a guarantee that every DUI victim will be compensated in a DUI-related crash. The crime victim compensation is paid from the money in a government fund or through a victim’s assistance program. This includes victims of all sorts of violent crimes like homicide, sexual assault among others.
The compensation for DUI victims is generated from the defendants rather than the government. This is the major difference between the two compensations. If you are in Austin and need someone to help you with a DUI case, you can contact Austin Criminal Lawyer and let them help you with all the legal proceedings.