California Vehicle Code forbids driving under the influence of drugs and alcohol. The law considers a driver intoxicated if drugs or alcohol impair their ability to drive. 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.
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, such as driving under the influence of alcohol or drugs or exceeding the BAC limit, and causes a car accident, the driver will be liable for the injuries 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. You do not need to wait for the drunk driver’s conviction to file a civil lawsuit. If you can present evidence of damages caused by the DUI car accident, you can seek compensation without waiting for the driver’s conviction.
You can seek compensation for the following damages caused to you as the result of a DUI accident:
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.
Most insurance policies cover compensatory damages if the policyholder injures someone while driving under the influence. 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.
If you or a loved one has been in an accident with a DUI driver, contact KAASS LAW 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.
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