Suing a drunk driver can be a complicated matter. In fact, the law governing drunk driving and the consequences for it can be complex. For example, a drunk driver in Washington was recently ruled to be eligible to sue a utility company because the pole they slammed into was too close to the road, according to an article in Gawker.
Should you bother suing a drunk driver? You certainly have as much right to sue a drunk driver, as the aforementioned drunk driver had to sue the utility company. There are some considerations that you should take into account, however.
First, the drunk driver needs to have some means of paying you if you happen to win the lawsuit. If a contingency attorney doesn’t believe that the drunk driver has any means of paying, they will probably advise you as much and very well may decide to turn down your claim.
One of the important things to keep in mind, however, is that it makes no difference whether or not the drunk driver is facing charges for their crime. The crime itself is handled by the criminal courts, which are separate from the civil courts. The civil courts are there to help you, as the victim, get compensation for the injuries you suffered as the result of someone else’s negligence. The criminal courts are there to administer justice.
If you want to know whether you should sue a drunk driver, speaking to an attorney is the only way to find out for sure. They can let you know about all the variables involved and whether or not it is worth it to file a lawsuit.