DUI accidents remain a serious issue in California, leading to devastating outcomes that involve severe injuries or even death. Victims of drunk driver accidents often face significant physical, emotional, and financial challenges.
Understanding your rights and knowing the legal options available can make a critical difference in your recovery. The same goes for families of DUI accident victims.
This blog aims to guide those affected by drunk driving accidents in California and explain how a personal injury lawyer can help.
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The Impact of a Drunk Driving Accident
Injuries caused by those driving under the influence can have life-altering consequences. Following a motor vehicle accident, victims may suffer from a range of outcomes, including traumatic brain injuries, spinal cord injuries, broken bones, and internal organ damage. Severe accident cases can even lead to death, leaving families grieving and scrambling for answers.
According to the California Office of Traffic Safety, thousands of people are injured or killed each year in alcohol-related collisions. The physical and emotional toll on victims and their families is immense, making it crucial to seek the help of an expert like an accident lawyer.
California Drunk Driver Accident Laws and Liability
California law is aimed at curbing California DUI cases and holding intoxicated drivers accountable.
Under California Vehicle Code Section 23152, it is illegal to drive with a blood alcohol concentration (BAC) of 0.08% or higher. For commercial drivers, the limit is lower at 0.04%, and for drivers under 21, any detectable amount of alcohol in their system is illegal (zero tolerance policy).
When a driver is found to be intoxicated and causes a collision, they can face both criminal and civil penalties.
Criminal charges may include fines, license suspension, and imprisonment. Civil liability, on the other hand, pertains to the damages the drunk driver must pay to the victims. This includes medical expenses, lost wages, pain and suffering, loss of consortium, and more.
Car Accident Drunk Driver: Seeking Compensation
Victims of California drunk driving accidents have the right to seek fair compensation for injuries and losses. Here’s what should be done:
1. Gather Evidence
After an auto accident, immediately collect evidence from the scene of the crash. This includes:
- Police reports indicating the driver’s intoxication
- Photographs of the accident scene and damages
- Witness statements
- Medical records documenting your injuries
- Any other relevant documentation, such as breathalyzer or blood test results
2. Medical Treatment
Get medical care and obtain a clear record of your injuries. Follow all recommended treatments and attend follow-up appointments to ensure your recovery and strengthen your case.
3. Legal Representation
Engaging a skilled personal injury attorney can significantly enhance your chances of receiving maximum compensation. A lawyer with experience handling victims of drunk driving accidents can handle negotiations with insurance companies, gather and present evidence, and represent you in court if needed.
Types of Compensation for Victims Hit By a Drunk Driver
Those injured by a drunk driver accident in California may be entitled to various types of compensation, including:
Economic Damages
- Medical Expenses: Covering current and future medical costs related to the accident.
- Lost Wages: Compensation for time missed from work due to injuries.
- Property Damage: Costs of repairing or replacing your vehicle and other damaged property.
Non-Economic Damages
- Pain and Suffering: For physical pain and emotional distress.
- Loss of Consortium: For the impact of the injuries on the victim’s relationship with their spouse.
Punitive Damages
In cases of extreme misconduct, such as extreme intoxication, the court may award punitive damages. These are intended to punish the wrongdoer and deter similar behavior in the future.
Wrongful Death Claims
If a loved one dies due to a car accident drunk driver, surviving family members may file a wrongful death claim. This type of lawsuit seeks compensation for:
- Funeral and burial expenses
- Loss of financial support
- Loss of companionship and emotional support
- Pain and suffering of the deceased before death
The average settlement for drunk driving injuries and damages ranges from $80,000 to $125,000, even more if it resulted in a fatality. The exact amount can vary significantly depending on several factors, including the severity of the injuries, the degree of fault of the drunk driver who caused it, the availability of insurance coverage, and the skill of the DUI accident lawyer representing you.
Victim of a Drunk Driving Accident?
RTM Law Firm’s DUI Accident Attorneys Can Help
RTM Law understands the impact that a drunk driver accident can have on victims and their loved ones. Our team comprises experienced accident attorneys, case managers, and medical specialists dedicated to providing support and guidance throughout the legal process.
If you or a loved one has been injured in a car accident drunk driver, you must act promptly. The experienced drunk driving accident attorneys at RTM Law Firm are here to help you through the legal process and secure a fair settlement.
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