You Were Struck by an Impaired Driver – Can You Still Get Compensation if They’re Found Not Guilty?

You did everything right, drove carefully, followed the rules and still ended up injured because another driver chose to get behind the wheel impaired. Now the criminal case has ended, and the driver was found not guilty. It’s a frustrating outcome, but here’s what matters: you may still be able to secure compensation through a civil claim against the impaired driver.

This article explains why the verdict in criminal court doesn’t control your right to recover damages, and what steps you can take next.

Criminal vs. Civil Cases: Understanding the Difference

When prosecutors charge someone with DUI or OUI, the case is criminal. The government’s goal is to punish the driver for breaking the law. To convict, they must prove the driver’s guilt beyond a reasonable doubt, which is the highest legal standard.

Civil personal injury claims work differently. Here, the injured party seeks financial compensation for losses such as medical bills, lost income, or pain and suffering. The standard is much lower: preponderance of the evidence. This means showing it is more likely than not that the impaired driver’s negligence caused the accident.

In other words, even if a jury or judge acquits the driver in criminal court, you may still succeed in civil court by proving fault under this lower standard.

Civil Compensation Options After a DUI Acquittal

An acquittal does not erase liability. Victims can still pursue damages through a civil claim. Common categories include:

• Medical bills for emergency care, hospital stays, rehabilitation, or ongoing treatment.
• Lost wages if you missed work while recovering.
• Pain and suffering for the physical and emotional toll of the crash.
• Property damage such as vehicle repair or replacement.

In particularly reckless drunk driving cases, courts may also consider punitive damages to punish dangerous behavior. Evidence from the criminal case like blood alcohol concentration results, police reports, or witness testimony can still play an important role in proving negligence in a civil lawsuit.

Massachusetts-Specific Laws and Standards

Local rules play a big role in how these cases unfold:

Massachusetts General Laws c. 231, § 6D requires medical expenses of at least $2,000 or proof of “serious injury” before stepping outside the no-fault system.

Victims also face a comparative negligence rule. If you are found more than 50 percent at fault for the accident, you cannot recover damages.

Alcohol-serving establishments can be held responsible under dram shop laws when they continue to serve someone who is visibly intoxicated. Social hosts who provide alcohol to minors may also face liability.

You can review these and other traffic safety rules directly on Mass.gov.

Evidence in Civil DUI Injury Claims

Civil courts allow evidence that may not have been strong enough for a conviction. Useful examples include:

• Officer observations and written reports.
• Breathalyzer or blood test results.
• Field sobriety test details.
• Eyewitness statements.
• Expert crash reconstruction testimony.

Civil liability relies on the lower standard of “more likely than not,” meaning evidence that fell short in criminal court may still prove fault in your case.

Insurance companies sometimes deny claims when no conviction is recorded. This makes thorough evidence collection subpoenaing bar receipts, obtaining medical documentation, or securing surveillance footage critical to success.

Alternative Avenues for Compensation

Sometimes the impaired driver lacks adequate insurance. In those cases, you may still have options.

• Uninsured/Underinsured Motorist (UM/UIM) coverage: Your own policy may cover damages when the at-fault driver’s insurance is unavailable or insufficient.
• PIP coordination: Massachusetts PIP pays certain medical bills and lost wages regardless of fault, though coverage is limited.
• Third-party liability claims: Establishments or hosts who provided alcohol illegally may share responsibility under dram shop or social host laws.

These options ensure victims are not left without financial recovery simply because the driver lacked resources or avoided conviction.

Key Differences Between Criminal and Civil DUI Cases

FAQs

Can I still sue if the drunk driver was found not guilty in Massachusetts?

Yes. Civil liability is separate, and the burden of proof is lower than in criminal court.

What damages can I recover if the impaired driver wasn’t convicted?

You may recover medical expenses, lost wages, property damage, and compensation for pain and suffering.

Do I have to meet any threshold before filing a civil DUI claim in Massachusetts?

Yes. Injuries must exceed $2,000 in medical costs or meet the serious injury requirement.

What happens if the drunk driver has no insurance?

You can file under your uninsured or underinsured motorist coverage to recover damages.

Can I sue a bar or restaurant if they overserved the drunk driver?

Yes. Massachusetts dram shop laws allow lawsuits against establishments that served visibly intoxicated patrons.

What if the driver pleads guilty to reckless driving instead of OUI?

You may still pursue civil damages since negligence, not conviction, determines liability.

Conclusion

Being struck by an impaired driver is traumatic, but the driver’s acquittal in criminal court does not determine your right to civil compensation. Civil law focuses on negligence, uses a lower standard of proof, and offers multiple avenues for recovery, including damages against the driver, insurance benefits, and possible claims against third parties.

At Riccio Law, clients receive one-on-one attention from Attorney Anthony R. Riccio, who guides injury victims through evidence gathering, negotiations, and the civil claims process. If you’ve been hit by an impaired driver, know that legal options remain open even without a criminal conviction.