Drunk driving is a crime. When a drunk driver causes a personal injury accident, he or she will almost always face charges in a Rochester area criminal court.
These criminal charges are handled separately from any claim for personal injury that may be pursued, and the standard of proof is different in the criminal case from the personal injury, or civil, case.
This is a high standard which can make it very difficult to obtain a conviction.
This is not the same standard that will be used in any personal injury case arising from the same incident even though many of the same facts must be proven in both proceedings.
The standard of proof in most civil cases is “a preponderance of the evidence.”
A preponderance of the evidence is often defined as evidence establishing that something is at least slightly more likely than not.
This means that when determining whether a defendant in a personal injury case was intoxicated, it does not have to be proven beyond a reasonable doubt.
Instead, the jury only needs to believe that the evidence indicates that the defendant’s intoxication was more likely than not.
Because of this lower standard, it is usually easier to establish legal responsibility in a personal injury case than it is to establish guilt in a criminal case.
As a result, it is entirely possible for a defendant accused of drunk driving to be acquitted in the criminal case but found liable for damages in the personal injury case.
If you have been hit by a drunk driver and need an experienced personal injury lawyer, call us at 585-484-7432 for a legal consultation.