Can I Sue a Drunk Driver for a Car Accident in Providence, RI?

The phone call no one wants to receive: “There’s been an accident.” When you discover that the driver who hit you or your loved one was drunk, it adds another layer of pain and frustration to an already devastating situation.

You might be lying in a hospital bed, watching medical bills pile up, or at home, unable to work – all because someone else made the reckless decision to drink and drive.

If you’re dealing with injuries from a drunk driving accident in Rhode Island, you have legal options for holding the driver accountable and getting the financial support you need to move forward.

As Providence car accident attorneys who have helped countless families through similar situations, we’ll walk you through your rights and explain how you can seek compensation not just from the drunk driver but potentially from the bars or restaurants that served them as well.

Your Rights After a Drunk Driving Accident in Providence

You have the right to seek full and fair compensation for every way this crash has affected your life. This includes obvious expenses like medical bills and car repairs but also extends to less visible impacts like ongoing pain, emotional distress, and lost quality of life.

Many people don’t realize they can pursue compensation for future medical care they might need or for wages they’ll lose while recovering. You may even be entitled to compensation for changes to your daily life, like needing help with household tasks or being unable to participate in activities you once enjoyed.

What’s especially important to understand is that you don’t have to wait for the criminal case to be resolved before taking action to protect your rights. Your civil case for compensation runs parallel to any criminal proceedings, and you can begin the process of seeking justice for your injuries right away.

Criminal vs. Civil DUI Cases: What’s the Difference?

In the criminal case, the state prosecutes the drunk driver for breaking the law. This is what you typically see on the news: arrests, court appearances, and potential jail time. The state’s goal is to punish the driver and deter others from driving drunk. While this process is important for public safety, it does little to help accident victims with their mounting medical bills and other losses.

This is where civil cases come in. A civil lawsuit is your opportunity to seek direct compensation for your injuries and losses. The process is entirely separate from the criminal case, and here’s why that matters:

• You control the civil case. Unlike the criminal case where the state makes all the decisions, you decide whether to settle or go to trial.
• The burden of proof is lower in civil court. While criminal cases require proof “beyond a reasonable doubt,” civil cases use a “preponderance of evidence” standard – meaning you only need to show it’s more likely than not that the driver’s actions caused your injuries.
• Civil cases focus on making you whole. Instead of punishment, the goal is to provide compensation for your medical bills, lost wages, pain and suffering, and other damages.
• The outcome of the criminal case doesn’t limit your civil rights. Even if the driver avoids criminal conviction (perhaps due to technical issues with the arrest), you can still win your civil case.

Most importantly, civil cases can often be resolved through settlement negotiations, sparing you the stress of a lengthy trial while still getting you the compensation you deserve. An experienced drunk driving accident attorney can help you understand which path – settlement or trial – might be best for your specific situation.

Who Can Be Held Liable for Your Injuries?

Rhode Island law provides several potential avenues for compensation after a drunk driving accident:

The Drunk Driver

The impaired driver who caused your crash bears primary responsibility for your injuries. Through a civil lawsuit, you can seek compensation for:

• Medical expenses (current and future)
• Lost wages and reduced earning capacity
• Pain and suffering
• Property damage
• Other accident-related losses

Bars, Restaurants, and Alcohol Vendors

Rhode Island’s dram shop laws allow injury victims to pursue claims against establishments that overserved the drunk driver. An alcohol vendor may be held liable if they:

• Served alcohol to someone who was visibly intoxicated
• Served alcohol to a minor
• Knew someone had a habit of excessive drinking but continued to serve them
• Actively encouraged unsafe alcohol consumption

Social Hosts

If the drunk driver became impaired at a private party or event, the host may share liability under Rhode Island’s social host laws. This applies when hosts serve alcohol to:

• Minors
• Visibly intoxicated guests
• Someone they know has a drinking problem

Employers

If the drunk driver was operating a company vehicle or driving for work-related purposes, their employer might share responsibility for your injuries.

Building a Strong Case: What You Need to Prove

To succeed in a civil lawsuit against a drunk driver or other responsible parties, you’ll need to demonstrate:

1. The defendant owed you a duty of care
2. They breached that duty through negligent or reckless behavior
3. Their actions caused your injuries
4. You suffered actual damages as a result

Evidence that can strengthen your case includes:

• Police reports and DUI test results
• Medical records documenting your injuries
• Witness statements
• Surveillance footage
• Expert testimony
• Documentation of your losses

Rhode Island has strict deadlines (statutes of limitations) for filing personal injury lawsuits. It’s crucial to speak with an experienced car accident attorney as soon as possible after your crash to protect your legal rights and ensure critical evidence is preserved.

Getting the Help You Deserve After a Drunk Driving Car Accident

Recovering from injuries caused by a drunk driver is challenging enough without trying to handle legal proceedings on your own. Our experienced Rhode Island personal injury attorney can:

• Evaluate the strength of your case
• Identify all potentially liable parties
• Gather and preserve essential evidence
• Handle negotiations with insurance companies
• Fight for maximum compensation for your injuries
• Guide you through the legal process with compassion and understanding

If you’ve been injured by a drunk driver in Providence or anywhere in Rhode Island, don’t face this challenging time alone. Contact Louis W. Grande for a free consultation to discuss your case and understand your legal options. Our experienced team will fight to help you get the compensation and justice you deserve while treating you with the care and respect you need during this difficult time.

Remember: Your focus should be on healing and recovery. Let us handle the legal complexities of your case while you concentrate on getting better.