Drunk driving is a widespread problem across California and the rest of the United States. Sadly, too many people are hurt and killed because of the carelessness and recklessness of people who drink and drive. If you or someone you love has been hurt by a drunk driver, you may be eligible to receive compensation for your injuries and damage to your vehicle.
Despite how unfair your situation is, the drunk driver and their insurance company may try to deny fault for the accident. Alternatively, they may admit to causing the accident, but claim your injuries aren’t as severe as you claim. In any of these situations, you need to get in touch with a car accident lawyer from Maison Law.
We have extensive experience handling DUI personal injury cases and know the ins and outs of the insurance claims process. But most importantly, we also have the skills necessary to pursue those responsible and seek compensation in a court of law. To learn more about what we can do for you, contact us for a no-obligation, no-cost consultation.
Drunk Driving in California
If you’re involved in a car accident with a drunk driver, you don’t need them to be convicted of drunk driving to obtain compensation for your damages. Yes, the conviction can make things easier in a civil suit, but it’s not a requirement. California law allows you to sue the driver if they failed to use reasonable care towards other people using the road. Driving while drunk certainly counts as a failure to exercise reasonable care.
What counts as “drunk” depends on the type of vehicle being driven and the age of the driver. Generally speaking, drunk driving in California applies when someone has a blood alcohol level at or above:
- 0.08% for non-commercial vehicles.
- 0.04% for commercial vehicles, including rideshare and taxi drivers.
- 0.01% for non-commercial drivers under the age of 21.
Suing a Drunk Driver in California
Depending on the facts of your case, you may be able to receive full compensation for your injuries and property damage from the drunk driver’s insurance policy. This doesn’t always work, as car insurance companies are notoriously difficult to work with and slow in processing claims. In some situations, you’ll have no choice but to sue the drunk driver in court.
Other Parties To Sue After a Drunk Driving Accident
In addition to suing the drunk driver, you may also be able to sue the person or business that sold alcohol to the driver. California has what are sometimes called “dram shop” laws that allow the victim of an accident to sue the entity that supplied the alcohol to the person who caused the accident.
These laws are fairly limited, so they won’t apply in many drinking and driving personal injury cases. However, if the drunk driver was underage and a business served them alcohol despite the driver’s obvious intoxication, you might also have a legal claim against the business in addition to the underage driver.
Damages for Drunk Driving Accident Injuries
If your lawsuit is successful, you can potentially recover compensation for three types of damages:
- Economic damages: These are for financial costs from the accident, such as unpaid medical bills, lost wages due to missed work, and vehicle repair or replacement costs.
- Non-economic damages: These are non-compensatory damages and are inherently subjective in nature. They often apply to psychological harm like emotional distress, severe anxiety, pain and suffering, and loss of consortium.
- Punitive damages: The point of these damages isn’t to compensate you, but instead to punish the drunk driver. Most personal injury lawsuit awards or settlements don’t include punitive damages because the defendant’s conduct isn’t egregious enough. But in drunk driving cases, there’s a greater potential for punitive damages.
How a Drunk Driving Lawyer Can Help Drunk Driving Accident Victims
By hiring an attorney to help you seek compensation for your damages, you’ll get several benefits over someone who tries to negotiate with the insurance company or go to court by themselves. Retaining a drunk driving accident lawyer means they will:
- Identify important evidence and help collect it.
- Conduct further investigations into the accident to identify all liable parties and determine their level of fault in causing the accident.
- Negotiate with insurance company adjusters and lawyers to reach a potential settlement.
- Craft legal arguments with supporting facts to prove liability and extent of your recoverable damages.
Talk to a Drunk Driving Accident Lawyer From Maison Law
A drunk driving accident can be a life-changing moment in many people’s lives. Ideally, there would be a way to prevent the accident or undo the damages caused. Sadly, we don’t live in a world like this and the best thing you can hope for is to get compensated for your losses. In limited cases, you may also get to see the perpetrator punished for their criminal act.
At Maison Law, we can’t undo the damages or criminally prosecute the drunk driver. But we can help you with obtaining financial compensation for what happened. We have handled numerous drinking-and-driving personal injury cases and know the best way to achieve compensation and legal closure. To get started, contact us for a free, no-obligation consultation.
Drunk Driving Accident FAQs
When do most drunk driving accidents happen?
Very late at night, typically between 12:00am and 3:00am
What day has the most drunk driving accidents?
Drunk driving accidents rise 117% on New Year’s Day.
What age has the most drunk driving accidents?
Those aged 12 to 24 account for more than one-quarter of fatal drunk driving accidents in the United States
