When you are in an accident with a drunk driver, it seems obvious that the driver should be responsible for your losses. However, drunk drivers are not always automatically completely liable in a motor vehicle accident in California. In some cases, accidents involving a drunk driver may not result from the drunk driver themselves.
How is Liability Determined in an Auto Accident?
To hold a driver responsible for an accident, he or she must have been driving in an unlawful or negligent manner which directly caused the accident. This includes any number of traffic safety rule violations such as:
- Speeding
- Running a red light
- Crossing a double yellow line
- Making an illegal U-turn
- Cell phone use
- Distracted driving
Liability depends on examining the facts of the accident and identifying the direct cause, which can be quite complex. Consult with one of our Los Angeles Personal Injury attorneys to help you figure out who was at fault in your accident.
How Can I Be At Fault For An Auto Accident If The Other Driver Drove Drunk?
When the drunk driver’s impairment is the cause of the crash, they are completely liable for the accident. However, the driver could be drunk but follow traffic laws, and the other driver’s actions could cause the crash. For example, you may have failed to brake in time and hit a drunk driver’s car from behind. In that case, you are liable for the accident.
The police will charge the other driver with a DUI, but that won’t change your fault in the accident if the driver’s drunken impairment didn’t cause the crash. If it was your wrong action that ultimately caused the accident, you are at fault, regardless of the other driver’s impairment. If their drunken impairment did not cause the accident, it will most likely not be a factor in deciding liability.
What if I am Partly at Fault in an Accident with a Drunk Driver?
California follows comparative negligence, allowing both parties to share fault in an accident based on their level of responsibility. In such cases, the settlement amount recovered to cover losses will be much lower. For example, you may have been looking at your phone while you were driving and a drunk driver swerved out of their lane and side swiped your car. In such a case, both parties will most likely share fault because both parties’ actions contributed to the accident.
If you hadn’t used your phone and the driver hadn’t swerved while impaired, the accident would not have occurred. If you are partly at fault in your accident, our Los Angeles Personal Injury attorneys can help you figure out what percentage of the accident was your fault. You can still recover losses, but the amount will reduce by the percentage of your fault in the accident. So if you were 90% at fault, you can still receive 10% of your damages as compensation.
How is Fault Established In a Drunk Driving Accident?
It is important to realize that the presence of alcohol in the driver’s blood does not automatically make him or her the sole perpetrator of the accident. In order to determine fault, it is necessary to conduct a thorough investigation of all the circumstances surrounding the accident. The key factor in determining liability is causation. Between the driver’s actions and the resulting consequences.
In accident cases, courts and insurance companies analyze evidence such as:
- Eyewitness statements
- Surveillance footage
- Police reports and expert testimony
If it is proven that the injured party’s actions were also negligent, the amount of compensation may be reduced. This is especially true in California where comparative negligence applies.
What Damages Can I Recover if I Am Partially at Fault?
Even if you are partially at fault for an accident, you may still be entitled to recover damages. These may include:
- Medical expenses
- Lost earnings
- Vehicle damage
- Pain and suffering
The amount of your payout will depend on the extent of your liability. For example, if you were found to be 30% at fault, you could receive 70% of your total damages.
Why Is it Important to Get Legal Help?
Legal help is especially important in cases involving drunk drivers, as these cases often involve emotional distress and complex legal nuances. Attorneys can help you present the facts correctly, protect your interests, and seek fair compensation.
What Should I do if I was Involved in an Accident with a Drunk Driver?
If you or a loved one has been in an accident involving a drunk driver, contact KAASS LAW (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. Our team speaks English, Spanish, Russian, and Armenian.