Driving under the influence of drugs and alcohol is forbidden by California Vehicle Code. It is considered that the driver is intoxicated-is under the influence of drugs or alcohol if that harms the driving abilities of the driver.
If you have a driving accident by the fault of the DUI driver, you are entitled to seek compensation for damages as well as filing a civil lawsuit against the at fault party.
What is the Ground for the Driver to be Held Liable for the DUI Car Accident?
Any driver has a duty of care towards other drivers and pedestrians. This duty is also the basis of all restrictions under California law regarding intoxicated driving. Thus, if this duty of care is violated and one is injured because of such violation, the driver can be held liable.
Furthermore, the DUI driver may be liable under the “negligence per se” legal theroy. In other words, if the driver violates a statute, for example, drives under influence of alcohol or drugs, drives with excessed BAC, etc, and, as the result of these violations a car accident happens, the driver shall be held liable for the injuries caused to the victim.
To seek compensation for damages for DUI accidents, you shall prove that the driver was drunk or under the influence of drugs at the time of the accident, and this fact acted as a direct reason for the accident to happen.
It shall also be noted that you do not need to wait for the drunk driver to be convicted, to be able to file a civil lawsuit. If you can present evidence supporting your damages caused because of the car DUI accident, you can ask for compensation and not wait for the driver to be convicted.
What Damages Can be Recovered by the Civil Lawsuit?
You can seek compensation for the following damages caused to you as the result of a DUI accident:
- compensation for medical expenses spent on physical and psychological recovery;
- lost ability to work and lost wages;
- loss of body parts,
- Pain and suffering
To receive the compensation, you shall prove that you suffered from the mentioned damages and shall show the direct link between the negligence of the driver and your damages.
Are DUI Drivers Covered Under Their Auto Insurance Policy?
Most insurance policies can recover compensatory damages if the policyholder driver injures someone while being drunk. In case the driver does not have insurance or the aggregate policy doesn’t cover the damages, you shall sue the driver directly to receive compensation.
Los Angeles DUI Accident Attorney
If you or a loved one has been in an accident with a DUI driver, contact our Los Angeles Personal Injury attorneys at (310) 943-1171 for a free consultation. Our attorneys will evaluate the details of your case and let you know what to expect and how you can proceed.