Posted in DUI
Many people hurt by an impaired driver assume their injury claim depends on the outcome of the criminal case. It doesn’t. In Maryland, the criminal DUI prosecution and a civil claim for compensation are separate proceedings with different goals, different rules, and different standards of proof.
Two Cases With Different Purposes
The criminal case belongs to the State. A prosecutor decides what charges to file, whether to offer a plea, and whether to take the case to trial. If the driver is convicted, the penalties may include fines, jail time, and license consequences.
None of that pays your medical bills.
A civil personal injury claim is brought by you, against the driver and, in most cases, the driver’s insurance company. Its purpose is compensation for what the crash took from you. That can include:
- Medical treatment, both past and future
- Lost wages and reduced earning capacity
- Pain, emotional distress, and loss of enjoyment of life
- Vehicle repair or replacement
Why the Burden of Proof Matters
A prosecutor must prove guilt beyond a reasonable doubt. That is the highest standard in the legal system, and cases fall short of it for many reasons. A breath test may be excluded on a technicality. A key officer may be unavailable. The driver may plead to a lesser traffic offense.
A civil case uses a lower burden of proof. You need to show that your version of events is more likely true than not. So a driver who avoids a DUI conviction can still be found responsible for your injuries.
Maryland law also separates DUI from DWI. Either charge, or neither, can coexist with a strong civil claim.
How the Criminal Case Can Still Help
The two cases are separate, but the criminal investigation often produces the most useful evidence in the civil case. Police reports, blood alcohol results, body camera footage, and field sobriety observations all help establish what happened.
Statements from bystanders matter too. Accident witnesses can describe swerving, speeding, or the driver’s condition after the crash, and their memories fade quickly.
A guilty plea can also carry weight, since it is an admission by the driver. That is true even when the plea is to the lesser charge of driving while impaired. Your attorney can obtain these records and decide how best to use them.
Contributory Negligence Still Applies
Impaired driving doesn’t automatically shield you from blame. Maryland’s highest court has kept the contributory negligence rule, which can bar recovery if you’re found even slightly at fault.
An insurer may argue you were speeding, failed to yield, or weren’t paying attention. That argument can be answered, but it should be anticipated from the start.
Injuries and Their Long-Term Cost
Drunk driving crashes tend to happen at higher speeds and with little or no braking. The national toll is significant. In 2024, alcohol-impaired crashes killed 11,904 people nationwide.
Survivors often face fractures, spinal injuries, and serious head trauma that require months of treatment. Valuing those losses means looking well past the first set of medical bills.
Don’t Wait for the Criminal Case to Finish
Criminal cases can take months. Your civil claim has its own timeline, and Maryland’s three-year filing deadline continues to run while the prosecution moves forward.
Waiting also gives the insurer time to build its version of events. Many people find that starting the car accident claim early, while evidence is fresh, gives them more options later.
Talking With an Attorney
A Montgomery County DUI lawyer who represents injured victims can track the criminal case, gather the records it produces, and build the civil claim alongside it. Questions about insurance coverage and timing are worth raising early.
Cohen & Cohen has represented people injured by negligent and impaired drivers for more than 25 years. If you were hurt by a drunk driver, a Montgomery County DUI lawyer from our firm can review what happened and explain your options. Reach out to our office to discuss your case.
