When a drunk driver hits you, they will face DUI charges, but this doesn’t mean they are automatically assigned fault in the accident.
In California, it’s illegal to drive under the influence of alcohol or drugs, and the fact that a driver was traveling while impaired can help you prove who caused an accident. But evidence is still needed to help you keep the blame in the right place and secure help with your medical bills.
(a) It is unlawful for a person who is under the influence of any alcoholic beverage to drive a vehicle.
(b) It is unlawful for a person who has 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle.
Proving Fault After an Accident Involving a Drunk Driver
California drivers may not travel while under the influence of alcohol. The legal limit is .08 percent Blood Alcohol Content (BAC) for most drivers. However, any driver who shows the signs of impairment can be found guilty of DUI, even if their BAC is lower.
The fact that drivers are found to be under the influence at the scene of an accident goes a long way to proving they were at fault in an accident. However, it doesn’t automatically mean they will be blamed for the accident, even if they face DUI charges.
Victims will still have to prove they didn’t cause the crash. They have to show that the other driver made a reckless decision that caused the accident, and that the accident caused an injury and/or car damage.
They wouldn’t necessarily have to prove the driver was drunk when they caused the accident. That may just be part of a criminal case, but victims could receive compensation in a separate civil claim for the accident.
Remember: The victim does not have to wait on a DUI hearing or trial to file a civil claim and secure help with recovery costs. They can file whenever they are ready and demand support from the driver’s car insurance provider.
Proving A Drunk Driver’s Fault Under Negligence Per Se
However, if a driver is proven to be intoxicated, it can make proving who caused a collision much easier. In a legal doctrine known as “negligence per se,” the fact that someone broke a vehicle code, such as driving while drunk, can be proof that they were at fault.
Negligence per se is effective when the driver violates a traffic code, and the accident is the very thing the code was in place to prevent.
There may be additional evidence needed in a DUI injury claim, but a skilled California Car Accident Lawyer would investigate the accident and collect the evidence necessary to hold an at-fault driver financially responsible.
It’s the same process for a case involving a driver who was impaired by drugs, or by drugs and alcohol at the same time.
CVC 23152 also prohibits this form of intoxication.
(f) It is unlawful for a person who is under the influence of any drug to drive a vehicle.
(g) It is unlawful for a person who is under the combined influence of any alcoholic beverage and drug to drive a vehicle.
See: Earning punitive damages in a DUI-involved car accident.
Uninsured Drivers Can Get Full Compensation If Struck by a Drunk Driver
California code restricts uninsured drivers who are hurt in accidents from seeking full compensation if they are injured, but that changes slightly if a drunk driver is involved.
Under Civil Code 3333.4 (Prop 213), uninsured drivers hurt in an accident can seek economic damages (like medical bills), but aren’t allowed to ask for non-economic damages (such as the pain they endure or their emotional trauma).
It’s a punishment if they are caught traveling without car insurance, even if they weren’t at fault for the crash.
However, when a drunk driver is to blame, the restrictions are usually lifted. An uninsured car accident victim could win both economic damages and non-economic damages as long as the person at fault is convicted of DUI.
What If I’m Hurt in an Accident While I’m Drunk?
In California, if you are hurt by another driver, but are found to be driving while impaired, your accident support can be limited.
Under the same Civil Code 3333.4 as mentioned above, drivers who aren’t at fault for an accident, but still found to be under the influence, are barred from asking for non-economic damages, also known as “pain and suffering.” Victims could still ask for economic damages, including help to pay doctor bills and replace paychecks missed while down with an injury.
Contact a California Car Accident Attorney
If you or a loved one are struck by a drunk driver, and someone is left with serious injuries, it’s wise to talk to a skilled California Car Accident Lawyer. A lawyer can make sure the blame stays with the right driver and often help you earn much more than you could on your own.
Maison Law of California offers a free, no-obligation case consultation for all injured California accident victims.
If you do need our help to earn more, you won’t pay anything right now. In fact, we aren’t paid unless we win your case for you. Even then, our fee doesn’t come out of your savings. The attorney’s fee comes out of the check the car insurance provider must write for you.