Every year, thousands of lives are changed because someone made the reckless choice to drink and drive. In Alabama, victims of these crashes face physical injuries, financial burdens, and emotional trauma. While criminal charges punish drunk drivers, civil lawsuits give victims and their families the chance to seek justice and recover damages.
At Cory Watson Attorneys, we have decades of experience helping accident victims pursue civil claims after drunk driving crashes. From analyzing police breath test records to collaborating with toxicology experts, we understand how to construct robust cases that hold drivers and, in some instances, the establishments that served them accountable.
Key Takeaways
- Civil lawsuits differ from criminal DUI cases.
- Breath test and police records are essential evidence.
- Alabama dram shop laws allow claims against bars or hosts who overserved intoxicated drivers.
- Punitive damages may be awarded in drunk driving accident lawsuits.
- Toxicology experts explain impairment and support cases.
- Coordination with prosecutors strengthens civil claims.
- Victims may recover compensation for medical bills, lost wages, and pain.
- Free consultations and contingency fees provide access to justice without upfront costs.
Using Police Breath Test Records in Civil Cases
One of the most potent pieces of evidence in a civil drunk driving accident lawsuit is the driver’s blood alcohol concentration (BAC). Police officers often administer breath or blood tests at the time of an arrest. These records can demonstrate that the driver was impaired by alcohol or drugs at the time of the crash.
Attorneys obtain certified police reports and test results through the discovery process. The National Safety Council analyzes NHTSA data and highlights the danger of impaired driving. According to their 2023 analysis, which uses NHTSA FARS data, nearly one-third of traffic fatalities can be attributed to alcohol-impaired drivers. This statistic underscores why courts give significant weight to BAC evidence.
If test results raise questions, toxicology experts can explain how timing, calibration, or biological factors may have influenced them. When combined with expert testimony, breath test evidence paints a clear picture of driver impairment.
For more details on evidence, please visit our Car Accident Attorneys practice page.
Holding Bars and Hosts Accountable: Alabama Dram Shop Laws
Alabama’s dram shop law allows victims to hold businesses or private hosts responsible if they served alcohol to someone who was visibly intoxicated or underage, and that person caused a crash. These laws extend liability beyond the driver, ensuring accountability for all who contributed to the danger.
For example, a bar that continued serving an obviously intoxicated customer could be sued if that individual later caused an accident. Under the Alabama Dram Shop Act (Ala. Code § 6-5-71), victims may bring claims against bars, restaurants, or individuals who unlawfully provide alcohol to someone who then causes injury.
These claims are significant in severe crashes, where medical costs and long-term needs exceed what the driver’s insurance can cover.
Understanding Punitive Damages in Alabama Drunk Driving Cases
Compensation in drunk driving accident lawsuits often includes medical expenses and lost income. In especially egregious cases, Alabama courts may also award punitive damages. These are meant not only to compensate victims, but also to punish reckless behavior and deter future misconduct.
The American Bar Association provides that punitive damages may be awarded when there is clear proof of willful or wanton conduct. Drunk driving is a prime example of such behavior. While punitive damages are not guaranteed, they can significantly increase the recovery available to victims.
The Role of Toxicology Experts
Expert testimony is often critical in civil drunk driving cases. Toxicologists explain how alcohol impairs the body and driving ability. They can also clarify why a driver’s BAC might appear different at the time of testing versus the time of the crash.
The National Institute on Alcohol Abuse and Alcoholism offers extensive research on how alcohol affects judgment, coordination, and reaction time. Using this type of science, toxicology experts help juries understand impairment in clear, accessible terms. Their insights often prove decisive in overcoming defense arguments.
Working with Criminal Prosecutors
Civil and criminal drunk driving cases often run side by side. While prosecutors pursue criminal charges, their work can support a victim’s civil lawsuit. Evidence such as arrest reports, dash cam footage, or witness testimony may be shared between cases.
If the driver pleads guilty or is convicted, that outcome can strongly support a civil claim. According to the Centers for Disease Control and Prevention, alcohol-impaired driving crashes kill more than 11,000 people in the U.S. each year. This tragic figure underscores why prosecutors and civil attorneys often coordinate to strengthen both cases.
Frequently Asked Questions
What’s the difference between a DUI arrest and a civil claim?
A DUI arrest is a criminal case pursued by the state, while a civil claim is filed by victims seeking compensation for losses.
Can I sue a bar that served alcohol to the driver?
Yes. Under Alabama’s dram shop law, you may have grounds to sue establishments or hosts that overserved the driver.
What damages can I recover?
You may recover medical bills, lost wages, pain and suffering, and sometimes punitive damages.
How do breath test records affect my case?
They provide clear evidence of impairment, strengthening your civil lawsuit.
Do I need a toxicology expert?
While not always required, experts help explain impairment and counter defense claims.
How long do I have to file a lawsuit in Alabama?
Generally, two years from the date of the crash, though exceptions may apply.
Do I pay attorney fees upfront?
No. Attorneys handle these cases on a contingency basis; you pay nothing unless compensation is recovered.
What if the driver was acquitted criminally?
You can still pursue a civil case, since the burden of proof is lower in civil court.
Take the Next Step
If you or a loved one has been harmed in a drunk driving crash, you deserve justice. Civil lawsuits provide victims with the opportunity to recover compensation for their medical expenses, lost income, and emotional distress.
The attorneys at Cory Watson are ready to help. Contact us today for a free consultation. You pay nothing unless we recover compensation on your behalf.
About Cory Watson Attorneys
Cory Watson Attorneys is a nationally respected personal injury firm with offices in Birmingham, Nashville, and Memphis. For over 30 years, we have represented clients in car accident and injury cases, recovering more than $4 billion in verdicts and settlements. Our team is dedicated to putting clients first and delivering results.