Drink driving on the rise with nearly 100 people caught a day – your rights

Nearly 100 drivers a day have been caught drink driving in Britain in the past three years, new figures show.

And deaths caused by drink driving have risen 7% since 2013, the RAC reported.

This headline is particularly worrying for those who, like us, are calling on the Government for stronger measures to improve road safety.

At Bolt Burdon Kemp, we act for those who suffer serious injuries in road traffic collisions. Often these collisions are the result of someone else’s reckless or dangerous driving.

If you have been injured in a collision that was not your fault, you will likely be entitled to bring a claim for compensation. However, where alcohol has played a factor, there may also be ongoing criminal proceedings.

Criminal vs civil: what’s the difference?

It is important to understand that should you or a family member bring a personal injury claim against a drunk driver, this is entirely separate from any ongoing criminal case.

The purpose of the personal injury claim (the civil claim) is to compensate you or your loved one for the injuries suffered and any associated losses. On the other hand, the criminal case is brought by the Crown Prosecution Service against the driver to determine whether they are guilty of breaking the law. These two cases will operate independently, even if they arise from the same incident.

Establishing liability

Driving whilst under the influence of alcohol above the legal limit is a criminal offence under Section 5 of the Road Traffic Act 1988.

If a drunk driver has caused a collision that has injured you or someone you know, they are not just guilty of a crime, they are also likely to be liable in civil law. This means the injured party has a right to bring a claim for compensation.

Importantly, even if the driver is not convicted in a criminal court they may still be found liable for the purposes of the civil claim.

In a personal injury claim, the key issue when establishing liability is to show the other driver (the defendant) breached the duty of care they owe to other road users.

This duty of care requires drivers to operate their vehicles with the care and skill of a reasonably competent driver. Whilst not being explicitly defined, this includes:

• Obeying the rules of the road
• Remaining alert and aware of hazards
• Adjusting to the road and traffic conditions
• Not engaging in behaviour that impairs safe driving, such as drinking alcohol

Where there is evidence to suggest the collision involved drink driving, even in the absence of a criminal conviction, we can build a compelling case that the defendant is liable for the purposes of the personal injury claim.

Your rights as a victim

If you or a loved one has been injured by a drink driver, you may be entitled to claim compensation for any loss arising from the collision, so long as it was reasonably incurred. Your claim for compensation could include:

• Damages for the injuries suffered
• Any loss of earnings due to time off work
• The cost of any medical treatment
• Care and assistance
• Travel expenses

How Bolt Burdon Kemp can help

At BBK, our specialist lawyers are experts in road traffic collisions. We understand the complexities of drink driving cases and the emotional and physical toll these can have on those who have been affected.

We work tenaciously to ensure those responsible are held to account and that our clients receive the compensation they deserve. We also fight to ensure our clients have access to early rehabilitation either through agreeing funding with the other side, obtaining early interim payments, or working closely with charities that can provide much-needed support. So, if you or a loved one suffered as a result of an accident that was not your fault, contact our team and let us help you get back on track.