Drunk driving is a crime, and if prosecutors have sufficient evidence to charge a drunk driver after an accident, they usually will. However, it is important to remember that a personal injury lawsuit is a civil matter distinct from any criminal charges a drunk driver may – or may not – face.
A criminal drunk driving case is meant to determine if someone broke the law by driving drunk and, if so, to punish them for a wrong committed against society. To secure a conviction, the state must prove beyond a reasonable doubt that the drunk driver broke the law. That can be a high standard to meet, which unfortunately means some drunk drivers are either never charged or are acquitted.
On the other hand, a personal injury case takes place in civil court and is specifically about compensating a victim for the wrong they suffered because of the drunk driver’s actions. A much lower standard of proof is required to find a defendant liable in civil court. You must show that it is more likely than not that the driver was negligent and, therefore, responsible for compensating you.
In other words, a civil suit allows you to hold someone financially liable for your injuries and losses independent of any criminal charges against them.