Fatal DUI Accidents and Civil Wrongful Death Claims

A fatal DUI accident can result in two very different legal proceedings. The driver who caused the collision may face a criminal prosecution brought by the government, while surviving family members may pursue a separate civil wrongful death claim seeking compensation for the losses caused by their loved one’s death.

These proceedings can overlap, but they serve different purposes and operate under different legal standards. A DUI conviction may provide powerful evidence in a subsequent wrongful death case, but an acquittal does not necessarily prevent the family from pursuing a civil claim. The potential availability of punitive damages can also make DUI wrongful death cases different from many other fatal accident claims.

What Happens After a Fatal DUI Accident?

When a person is killed in a collision involving an allegedly intoxicated driver, law enforcement may investigate the incident as a potential DUI offense. Depending on the circumstances, the driver may be arrested and prosecuted for an alcohol- or drug-related offense, vehicular manslaughter, or another crime. Separately, eligible surviving family members may have a wrongful death claim under California law.

The criminal case is brought by the state and is intended to determine whether the defendant committed a crime and, if so, impose criminal penalties. A wrongful death action is a civil proceeding brought by eligible survivors or the personal representative in accordance with California law and is intended to compensate the family for legally recognized losses caused by the death. The outcome of one proceeding does not necessarily determine the outcome of the other.

How Is a DUI Criminal Case Different From a Wrongful Death Lawsuit?

The most important difference is the burden of proof. A criminal prosecution requires the government to prove the defendant’s guilt beyond a reasonable doubt. A wrongful death case, by contrast, requires the plaintiff to establish the elements of the civil claim by a preponderance of the evidence, meaning the claim presented is more likely true than not. That distinction can become extremely important if the criminal case does not result in a conviction. Evidence that is insufficient to satisfy the criminal burden of proof may nevertheless be sufficient to establish civil liability. The two proceedings may also involve different legal issues. A criminal prosecution may focus on whether the defendant violated a particular criminal statute, while a civil lawsuit may examine whether the driver’s conduct constituted negligence or another actionable wrong and caused the decedent’s death.

Can a DUI Conviction Help a Wrongful Death Case?

A DUI can provide powerful evidence in a wrongful death case. When a driver is convicted of a DUI-related offense arising from the fatal collision, the conviction may become highly relevant in subsequent civil litigation. Depending on the situation, a defendant may be precluded from relitigating established facts in a subsequent proceeding. In other words, the facts surrounding the DUI conviction may be presented in a civil case without having to be proven again, and the defendant can be prevented from challenging those facts.

That does not mean that every fact mentioned during a criminal case automatically becomes established in the civil case. Determining whether this legal principle applies in a particular case can be a complex matter. The precise criminal conviction, jury findings, instructions, evidence, and issues actually decided must be examined.

What If the Driver Is Acquitted of DUI or Other Criminal Charges?

An acquittal does not mean that the family cannot pursue a wrongful death lawsuit. As noted earlier, the criminal and civil cases have different burdens of proof. A criminal jury may conclude that the prosecution did not establish guilt beyond a reasonable doubt without finding that the driver’s conduct could not support civil liability. The California Supreme Court has recognized the general principle that an acquittal does not bar a subsequent civil proceeding based on the same underlying conduct. California law has likewise recognized that an acquittal can represent a determination that the evidence did not establish guilt beyond a reasonable doubt, rather than a determination that the underlying conduct did not occur. For a family considering a wrongful death lawsuit, this means an acquittal should not be treated as the end of the matter.

A defendant can be acquitted in a criminal case while still potentially being liable in a civil action. For example, a criminal jury may have reasonable doubt about whether the defendant was intoxicated to the degree required for a particular criminal offense. The civil case may involve a broader factual inquiry into whether the driver’s conduct was negligent and caused the fatal collision. The family may also have evidence that was not presented, or could not be fully developed, during the criminal prosecution. An attorney evaluating a wrongful death claim should therefore examine the entire record rather than relying solely on the criminal verdict.

Can a Family Sue for Wrongful Death Even If No DUI Charges Are Filed?

A wrongful death claim does not depend on a criminal conviction or even an arrest. A driver may cause a fatal collision while impaired but never face a DUI conviction for a variety of reasons. Evidence may be insufficient for criminal prosecution, prosecutors may pursue different charges, or criminal charges may be dismissed. A civil wrongful death case can nevertheless proceed if the available evidence establishes the elements of a civil claim. The investigation may include toxicology results, witness statements, police reports, video footage, vehicle data, accident reconstruction, medical records, and other evidence concerning the driver’s condition and conduct.

What Damages Can Surviving Family Members Recover?

California Code of Civil Procedure § 377.60 identifies the people who may bring a wrongful death claim, including certain surviving spouses, domestic partners, children, and other qualifying family members and dependents. The damages available in a wrongful death action are governed in turn by Code of Civil Procedure § 377.61. Depending on the circumstances, eligible survivors may recover for losses including the financial support they would have received from the decedent, the value of household services, and the loss of the decedent’s love, companionship, comfort, care, assistance, protection, affection, society, and moral support. The financial component can be substantial when the deceased person was a primary income earner or provided significant household services. Future financial losses can include years of anticipated earnings, employment benefits, and household contributions.

How Can the Family Prove the Driver Was Responsible?

A fatal DUI collision should be investigated from both the liability and causation perspectives. Evidence may include toxicology results, field sobriety evidence, statements made by the driver, witness testimony, surveillance footage, traffic-camera recordings, cellphone records, vehicle event data, photographs, skid marks, vehicle damage, and accident reconstruction. The investigation may also examine when the driver consumed alcohol or drugs, whether impairment affected the driver’s ability to operate the vehicle, and whether the impairment contributed to the collision. In some cases, accident reconstruction and toxicology experts can provide important evidence concerning both the mechanics of the crash and the driver’s condition.

Why Is the Criminal Case Record Important?

The criminal case may contain evidence that is highly relevant to the civil proceeding. Police reports, toxicology results, photographs, witness statements, video footage, statements by the defendant, and other investigative materials may provide information concerning what happened before and during the collision. The criminal outcome itself is also relevant, but it should not be viewed in isolation. A conviction, acquittal, dismissal, or plea may have different implications depending on precisely what was resolved in the criminal proceeding. An attorney handling the wrongful death case should review the underlying record and determine what evidence can appropriately be used in the civil action.

Why Is Early Legal Representation Important?

Evidence can disappear quickly after a fatal collision. Surveillance footage may be overwritten. Vehicles may be repaired or disposed of. Witness recollections can fade. Electronic records may become more difficult to obtain. Toxicology evidence and other investigative materials should also be identified and preserved. Early involvement of a wrongful death attorney can help preserve evidence, investigate the collision independently of the criminal proceeding, identify potential witnesses, and determine whether claims may exist against parties other than the impaired driver.

Contact Kalfayan Merjanian, LLP

A fatal DUI accident can leave a family dealing with grief, financial uncertainty, and difficult questions about whether the death could have been prevented. A criminal prosecution is an important part of holding an impaired driver accountable, but it is separate from the family’s civil right to pursue a wrongful death claim. Whether the driver was convicted, acquitted, or never criminally charged, the evidence surrounding the collision deserves careful consideration. Kalfayan Merjanian, LLP brings the skill, dedication, and resources necessary to investigate fatal DUI accidents, evaluate the effect of the criminal proceedings on the civil case, and pursue the compensation available to eligible family members. Contact Kalfayan Merjanian, LLP today to discuss your loved one’s death and learn about your legal options.