Being injured in an accident caused by a drunk or intoxicated driver can have serious consequences. Fortunately, individuals have the right to seek damages through a civil lawsuit, even if the perpetrator has not been convicted of a DUI offense. This article explores the legal options available to victims of such accidents and the process for pursuing a claim under California law.
Pursuing Legal Action Against an Intoxicated Driver in California
When a person is injured by a drunk or otherwise intoxicated driver in California, they have the legal right to file a lawsuit for damages. Intoxication is determined by whether the alcohol or drugs impaired the driver’s ability to operate a vehicle safely. To successfully pursue a claim, the injured party (plaintiff) must establish two key factors:
1. The defendant’s negligence and;
2. The resulting damages suffered by the plaintiff.
Establishing Negligence Under California Law
Drivers have a legal obligation to exercise reasonable care towards other motorists and pedestrians. Failure to do so constitutes negligence. Additionally, under California Law, a driver may be deemed “negligent per see” if they violate a statute or law meant to protect others. In such cases as being hit by an intoxicated driver, the violation itself may serve as proof of negligence.
In the instance of being hit by an intoxicated driver, they may be found negligent per see. California’s DUI laws are meant to protect people from being injured by an intoxicated driver. Because the defendant violated California’s DUI laws, they may be found negligent if their intoxication was the cause of your injuries.
The Role of a DUI Conviction
Contrary to criminal DUI laws, a defendant does not need to be convicted of the offense to pursue a civil lawsuit for damages. The burden of proof in a civil case is lower, requiring only a “preponderance of the evidence” to establish liability. A DUI conviction, however, can serve as proof of negligence under California law.
Recoverable Damages in a Lawsuit against an Intoxicated Driver
Compensatory damages that can be recovered in a settlement from an intoxicated driver include medical bills, car repair costs, lost wages, lost earning capacity, pain and suffering, and punitive damages. Families of individuals injured or killed in drunk driving accidents may also pursue damages for loss of consortium, wrongful death, or through a survival action.
Comparative Fault and Insurance Coverage
California follows a “comparative fault” standard of negligence, which allows for apportioning fault among the parties involved in an accident. This means that even if a driver is partially at fault, they can still pursue legal action. Most California auto insurance policies cover compensatory damages caused by a policyholder driving under the influence.
If You’ve Been Injured by an Intoxicated Driver, then You Should Call a Pro.
If you’ve been injured in an accident caused by an intoxicated driver in California, it’s essential to understand your rights and legal options. Seeking the assistance of an experienced California car accident attorney can provide invaluable guidance throughout the process of pursuing compensation. Our attorneys will take the appropriate steps to gather the necessary evidence and build a strong case to support your claims and secure compensation for your damages.
