Can a Person Convicted of DUI Sue The Victim?

When an individual is convicted of DUI after an auto accident, it’s very common for anyone who was injured in that crash to file a civil suit against the drunk driver. If the wreck was fatal, surviving family members of the victim can sue the drunk driver on behalf of their loved one’s estate.
But can a person convicted of DUI file a lawsuit against the person he victimized? Or against a deceased victim’s estate?
That’s what’s apparently happening in Florida. David Belniak plead guilty to DUI manslaughter in connection with an auto accident on Christmas Day of 2007 which killed Ray McWilliams and two other people in McWilliams’ vehicle. But now, Belniak is insisting that it was McWilliams who was responsible for causing the accident – and is filing a personal injury lawsuit to collect reimbursement for medical expenses as well as damages for “pain and suffering,” and “loss of capacity for the enjoyment of life.”
In his suit, Belniak claims that McWilliams changed lanes abruptly, which led to the fatal accident. He says that he accepted a plea deal only because he wanted to avoid being sentenced to life in prison. Belniak is currently serving a 12-year sentence.
Belniak’s lawyer, who is also his sister, charges that Belniak was the target of character assassination. She wants the lawsuit to be heard alongside the wrongful death lawsuit that was filed by McWilliams’ family against Belniak, which is set to begin in April.
Technically, it is legal for Belniak to file this lawsuit. However, his chances of success in his suit appear to be slim to none.
First, six eyewitnesses claimed that McWilliams was stopped at a traffic light when Belniak rear-ended him at a speed of more than 70 mph – and there is no evidence to support Belniak’s version of events. Furthermore, such a lawsuit is likely to backfire. The jurors may not look kindly on a drunk driver changing his story and suing his victim – and they could respond by awarding even more damages to McWilliams’ family.
Even if there were evidence that McWilliams caused the crash, a jury would be allowed to consider it while hearing the McWilliams’ lawsuit – without the need for any suit to be filed by Belniak. Florida apparently allows jurors to apportion blame to more than one party and award monetary damages accordingly.
So in short: even though he is within his legal rights, there’s no discernable or logical reason why Belniak has chosen to sue his victim. No matter how this plays out, he will probably lose in the court of public opinion.