Drunk driving remains a danger on Iowa’s roads. Too many people in this state end up killed when an intoxicated motorist gets behind the wheel after having one too many drinks. If you lost a loved one in any type of car accident, you have our condolences. This is a difficult time emotionally for you and your loved ones.
However, we also need to notify you of a possible right to file a wrongful death lawsuit. This is a civil case for financial compensation, which you can bring regardless of what happens in any criminal case. Contact Ball, Kirk & Holm, P.C. to speak with an Ankeny wrongful death lawyer. We have negotiated many wrongful death settlements. They are hard cases to win—but we’ve overcome these challenges before.
How Serious is Drunk Driving?
Drunk driving is a major concern in Iowa. Operating While Intoxicated (OWI) is a crime. According to Department of Transportation (DOT) statistics, 14,228 people had their licenses revoked in 2022 due to OWI. That works out to more than 1,000 license revocations each month of the year.
In 2021, the state also saw 74 alcohol-related fatalities. Drug related fatalities are also high, with 75 in 2021.
The state continues to aggressively prosecute people for OWI. Sadly, too many people receive a phone call or visit at home from the police with the news that a loved one has perished in an accident.
Your Right to Bring a Wrongful Death Lawsuit
Wrongful death cases are civil in nature, which means family members file the suit. You can bring a wrongful death against anyone whose negligent or wrongful conduct has resulted in the death of a close family member. A crime like vehicular homicide will qualify as wrongful under the law, so you should call an attorney.
The state does not file this lawsuit. They might charge the drunk driver vehicular homicide while operating while intoxicated, which is a Class B felony. However, you still have the right to bring a wrongful death claim regardless of what happens with the criminal case.
A civil case even has a lower burden of proof, so it is easier to win. We’ll need to show it’s likely the drunk driver killed your loved one. This standard is lower than the criminal law standard of “proof beyond a reasonable doubt.” This is one reason why someone can be acquitted of a crime but be found liable for a death under the wrongful death statute.
What You Need to Prove
To prevail, we’ll need evidence the driver was at fault for the fatal accident. We can use some of the same evidence the state might use:
- Video of field sobriety tests;
- The arresting officer’s impressions of the driver;
- Third-party witnesses who observed the driver getting into the car drunk or exiting the vehicle in a drunken fashion;
- Toxicology results for any urine, blood, or breath test which shows the presence of alcohol or drugs.
To win a wrongful death case, we don’t need the driver’s blood alcohol concentration to be over any threshold. It’s enough that they had some alcohol or drugs in their system and drove dangerously. Of course, a high number is certainly beneficial to your case, because it tends to show the driver was heavily intoxicated.
Can You Receive Compensation?
Our objective is to seek justice in the form of financial compensation. We can seek wrongful death damages:
- Lost financial support. If your husband died, for example, you are deprived of his income for decades.
- Lost services. The deceased might have provided services to their family, including childcare, cooking, maintenance around the home, transportation, laundry, and other services. We can request compensation to cover the cost of these losses.
We might also request compensation for unpaid medical expenses, funeral expenses, and any pain and suffering the deceased endured before death. Not everyone dies immediately at the accident scene. Your loved one could have bravely hung on for days or weeks.
We might also seek punitive damages against the defendant for willful and wanton conduct. These damages can punish the defendant for very dangerous behavior, and drunk driving qualifies.
Challenges with Drunk Driving Cases
Suing a drunk driver for wrongful death is easier said than done. There are many challenges involved:
- The defendant might not have any insurance or only the state’s minimum. Your losses could vastly exceed what the defendant can pay. We might see if we can bring a dram shop claim against a bar or restaurant for overserving a visibly intoxicated defendant. The bar or tavern might pay you compensation for their share of fault.
- There might not be any toxicology results, so we need to rely on eyewitness testimony to prove the driver was drunk or high. That is harder, but not impossible.
- The defendant might claim your loved one was also driving in a negligent manner, such as while using a cell phone. They might claim a pedestrian was jaywalking at the time or otherwise darted into traffic without warning. We can find evidence, including witnesses, to prove the driver is mostly to blame.
- Your loved one is gone, so we probably don’t have their side of the story. They are a critical witness, which makes these wrongful death cases more challenging.
These are some of the hurdles family members face. These are complex cases. Thanks to our experience, we can find ways to obtain compensation and bring the defendant to account for the death.
Contact Us Today
Our team is committed to helping family members recover from a tragic loss. Drunk driving is inexcusable, and you owe it to your family to see if you can bring a wrongful death claim. We can also sue any bar, tavern, or restaurant which served the driver if he or she was visibly drunk.
Do you have questions? Please call our firm to schedule a free, confidential consultation. Our firm has offices in Waterloo and Iowa City, and we can travel to meet you, if required. Our firm is committed to the highest-level of service, so we make ourselves available 24/7.