Understanding Your Rights as a DUI Victim
Knowing your legal rights is crucial in the wake of a drunk driving accident because it empowers you to take active steps toward recovery and justice. When you are aware of your rights, you know how to assert them and demand fair compensation for what you’ve suffered. You will also understand the importance of initiating timely legal action, which is essential for preserving evidence and witness testimonies that can strengthen your case. This awareness also enables you to make informed decisions when it comes to choosing an experienced drunk driving accident lawyer to handle your claim.
Overview of Victims’ Rights in Drunk Driving Cases
Let’s delve deeper into the rights you have after a California DUI accident and how they can benefit you during your recovery:
- The Right to File an Insurance Claim: If you get hurt in a drunk driving accident, you have the right to pursue compensation directly from the at-fault driver by filing a claim with their insurance company. As part of your insurance claim, you can demand compensation for medical expenses, income reductions, and other losses resulting from the DUI accident. To bring a successful insurance claim, you must notify the insurance company promptly and provide extensive supporting documentation. In many cases, you will need to negotiate with the insurer to obtain a fair out-of-court settlement that covers all of your losses without the need for a trial.
- The Right to File a Lawsuit: You also have the right to file a lawsuit, which goes a step beyond pursuing an insurance claim. If the drunk driver’s insurance provider refuses to make a fair settlement offer, the driver’s coverage is insufficient to cover all your losses, or the driver’s actions were especially harmful, a lawsuit might be appropriate. When you bring a civil claim in court, you must demonstrate to the judge or jury how the driver’s intoxication directly caused your injuries and related losses. This often requires detailed evidence, expert testimony, and an in-depth knowledge of legal precedents and procedures.
- The Right to Legal Representation: Finally, you have the right to legal representation. You can hire a lawyer to represent you at any stage of your DUI accident case, even if you do not plan on going to court. Working with an experienced drunk driving accident lawyer offers several advantages. Your lawyer can gather evidence, prepare and file your claim, negotiate with insurance companies, and represent you in court if necessary. This professional guidance is critical, as personal injury laws are complex and subject to change. An experienced attorney will work hard to secure the maximum possible compensation given your circumstances and provide peace of mind by managing all the legal details while you concentrate on your recovery.
The Legal Framework Against Drunk Driving in California
Drunk driving is illegal in California, but despite that fact, it remains a serious and often tragic problem. While the clear risks and legal consequences are widely known, many drivers still choose to drive while under the influence of alcohol. According to the 2023 Statewide Traffic Safety Survey, 8.3 percent of drivers admitted to driving in the past six months despite feeling they had consumed too much alcohol to drive safely. Additionally, between 2020 and 2021, the number of fatalities from alcohol-impaired driving in California jumped by 16.1 percent, from 1,180 to 1,370 deaths. These deaths accounted for a staggering 32 percent of all traffic-related fatalities in the state that year.
Key Laws and Penalties for DUI in California
California has strict laws against drunk driving to protect the public and reduce traffic accidents. These laws apply to all drivers within the state.
Under California law, the legal blood alcohol concentration (BAC) limit is 0.08% for most drivers. The BAC limit is even lower for commercial drivers, at 0.04%. For drivers under 21, California has a “zero tolerance” policy that prohibits driving with a BAC exceeding 0.01%. Importantly, however, California authorities can still arrest and convict drivers of DUI even when their BAC levels are below the legal limit if they are too impaired to drive safely.
Someone who’s caught driving while dangerously impaired or with a BAC above the legal limit, can face serious consequences. For a first-time offense, the penalties can include fines, a suspended driver’s license, and even jail time. The severity of the penalties increases with each subsequent offense or if the offense results in an accident causing injury or death. Such drivers may also be required to install ignition interlock devices on their vehicles.
Furthermore, as the state’s Department of Motor Vehicles notes, drivers who cause injury or death may also face civil lawsuits from their victims.
How These Laws Support Your Claim
On that note, it’s important to understand that the crime of DUI is distinct from civil liability of injuring someone while driving intoxicated. This is because criminal trials and civil actions are separate matters, and the outcome of one case does not dictate the outcome of the other, even if they stem from the same incident. In fact, a driver found not guilty of DUI could still be found liable for drunkenly causing your injuries and owe you compensation as a result.
That said, if the drunk driver is convicted or pleads guilty to DUI charges, your lawyer can use this conviction as evidence in your civil claim. It strengthens your argument that the driver was at fault for the accident, making it easier to secure compensation for losses such as medical expenses, lost wages, and pain and suffering.
The fact that the driver was legally intoxicated can automatically establish negligence on their part, which is a critical element you must prove to win your case. This is due to the legal principle known as “negligence per se.” Under this principle, when a driver breaks a public safety law, like a DUI law, the court presumes their action was negligent. This simplifies your case because you do not have to spend time proving that the other driver’s behavior was careless—the fact that they violated the law does this for you.
Holding a Drunk Driver Liable in Los Angeles
Holding a drunk driver liable after a DUI accident in California means legally proving that the driver is responsible for the accident and your resulting injuries. If you succeed, the driver must compensate you for the harm they caused you. This might include paying for your medical bills, car repairs, lost wages, and even pain and suffering. To hold the drunk driver liable, you must show that they caused the accident that injured you and establish the financial and emotional impact your injuries have had on your life.
The Process of Filing a Claim Against the Driver
Filing a claim against a drunk driver is a structured process that requires careful attention to detail. Here’s a step-by-step guide to the claims process:
- Step 1 – Contacting an Attorney: Your first step in filing a claim should be contacting an attorney with extensive experience in DUI accident cases. A qualified attorney can evaluate your case, advise you on your options, and protect your rights. Critically, they can handle all the subsequent steps on this list on your behalf, freeing you to focus on your health and recovery rather than on filing paperwork and arguing with insurers.
- Step 2 – Gathering Evidence: Next, your attorney will thoroughly investigate the accident. This includes gathering all pertinent evidence, such as police reports, eyewitness statements, video footage from the scene, and expert testimonies about the dynamics of the accident and the extent of your injuries. Your attorney will also compile documentation of your medical treatments, receipts, and proof of lost wages. This step is crucial because it establishes the foundation for your case by detailing how the accident occurred and how it has impacted your life.
- Step 3 – Filing Your Claim: After they have investigated and gathered sufficient evidence, your lawyer will initiate your claim by sending a demand letter to the drunk driver and their insurer. The letter will outline the basis of your case and the compensation you are seeking for your losses, such as medical costs, income losses, and emotional distress. Your lawyer will use the evidence they uncovered to present a strong claim, demonstrating how the driver’s negligence and intoxication harmed you.
- Step 4 – Negotiating a Settlement: Once your attorney has filed your claim, the next step usually involves settlement negotiations. Your lawyer will engage with the other driver’s defense counsel or insurance company to seek a settlement that adequately compensates you, citing evidence and legal precedents to buttress your case. Their goal will be to obtain a fair settlement that addresses all of your personal and financial losses without the need for a trial.
- Step 5 – Going to Court if Necessary: If settlement negotiations do not result in a satisfactory offer, your attorney can prepare to take your case to court. This involves presenting your case before a judge or jury, showcasing the evidence, and arguing persuasively about why you deserve compensation. Going to court is more time-consuming and complex than filing an insurance claim, but sometimes, it’s necessary to achieve rightful compensation.
Evidence and Documentation for Building a Strong Case
Strong evidence allows your lawyer to establish the facts of the case, demonstrate the drunk driver’s responsibility, and quantify the losses you have suffered. Here are some key types of evidence your lawyer might use to build a strong case on your behalf:
- Breathalyzer or Blood Test Results: These types of tests measure the alcohol concentration in the driver’s system at the time of the accident, which can directly support your claims of impairment.
- Witness Statements: Witnesses can provide firsthand accounts of the accident or describe the drunk driver’s behavior in the hours leading up to the collision, which is often essential for establishing intoxication.
- Video Footage: Surveillance or dashcam videos capturing the accident can demonstrate visually how the incident occurred and how the other driver’s actions caused it.
- Photographs of the Scene: Photos from the accident scene showing the relative vehicle positions, skid marks, road conditions, and any visible signage give crucial context to both the outcome and what events led up to it.
- Expert Testimony: Experts in fields such as accident reconstruction or medicine can provide authoritative opinions on how the accident happened or how your injuries will affect you in the long run.
- Medical Records: These documents are vital evidence of the extent of your injuries, the treatments you require, and the prognosis for your recovery. They are also important for linking your injuries directly to the accident.
- Employment and Pay Records: To claim compensation for lost wages, you may need documentation from your employer detailing your typical income and the amount of time you missed at work due to the accident.
Exploring Liability Beyond the Drunk Driver
In the aftermath of a DUI accident, it’s worth noting that there are parties other than the drunk driver who might be liable for your injuries. Identifying all of these liable parties is essential to pursuing maximum compensation you can get for your injuries and related losses.
Identifying Additional Responsible Parties
Here are some examples of other parties that might be liable for a drunk driving accident:
- Other Road Users: Other road users’ actions can sometimes contribute to accidents involving drunk drivers. For instance, if one driver aggressively cuts off a drunk driver in a way that leads to a collision, they could be partly liable for the wreck. The law requires all drivers to operate their vehicles safely and responsibly, and failing to do so can lead to shared liability for accidents, even if another driver was under the influence.
- Employers: If a drunk driving accident occurs while the driver is on the job, their employer could be liable by extension. This situation can arise if a company fails to check its employees’ driving records before hiring them or neglects to set strict policies on alcohol consumption during work hours. If an employer sends someone to do a job knowing that the employee has been drinking, or if they didn’t take reasonable steps to prevent such behavior, they could be liable for negligence. This liability stems from the principle that employers are responsible for their employees’ actions and should ensure that their employees are fit to perform work duties.
- Vehicle Owners: In some cases, the owner of a vehicle involved in a drunk driving accident could be liable, even if they were not driving it at the time. This might be the case if the owner ws aware of the driver’s condition but still chose to provide them with access to the car. Because the owner contributed to the potential harm that can result from the driver’s impairment, they are partially liable for any harm stemming from the driver’s actions.
- Government Entities: Liability for drunk driving accidents can also extend to government agencies responsible for maintaining road safety. If a drunk driving accident was partly caused by poor road conditions, such as potholes, unclear road signs, or poorly designed intersections, the government entity accountable for road maintenance could be responsible. To prove government liability, you will need to show that the entity was aware that certain aspects of the road made it less safe than other comparable roads, yet did nothing to rectify it, directly contributing to the accident.
- Vehicle Manufacturers: Vehicle manufacturers might also be liable if a defect in one of the vehicles involved in the accident contributed to the crash. For example, if a driver’s brakes failed due to a manufacturing defect, the manufacturer could be liable for any accidents that occurred as a result. This form of liability, known as product liability, is based on the expectation that manufacturers should ensure their products are safe for use.
Liability of Establishments and Social Hosts Under California Law
In some cases, establishments or social hosts that serve alcohol could be liable for drunk driving accidents in California. State law holds that, in most cases, a party that provides alcohol to someone else is not liable for accidents caused by that person’s intoxication. This means that bars, restaurants, and social hosts are typically not responsible for having served or provided someone with alcohol. However, there are exceptions to this rule.
In California, any establishment or social host that knowingly provides alcohol to someone under 21 can be liable if that minor subsequently causes harm as a result of their intoxication. Similarly, any business or person who serves alcohol to a “habitual or common drunkard” or an obviously intoxicated minor can be liable if the person goes on to injure themselves or others.
Compensation in Drunk Driving Accident Claims
In the aftermath of a DUI accident in California, you are entitled to seek compensation for a variety of losses, including the following:
- Medical Expenses: Compensation for medical expenses covers all costs related to the healthcare services you require due to the DUI accident. This includes emergency room visits, hospitalizations, surgeries, medications, physical therapy, and any ongoing medical treatments you need to recover from your injuries. If your doctor believes you will require future medical care for the long-term impacts of your injuries, you can also seek compensation for the projected costs of this care.
- Lost Wages: If your injuries prevent you from working during your recovery, you can claim compensation for lost wages. This compensation covers the money you would have earned had the accident not occurred. It includes reductions in your salary, wages, and other typical earnings during the time you spend recuperating. If your injuries lead to a long-term or permanent inability to work, you could also claim compensation for the loss of earning capacity, which accounts for your potential future income.
- Pain and Suffering: This type of compensation is for the subjective effects of the physical pain and emotional distress you experience due to the accident. The amount of money you might recover for this loss depends on the severity of your injuries and their impact on your daily life. Factors to account for include the extent of your injuries and your likelihood of experiencing ongoing discomfort.
- Loss of Enjoyment of Life: If your injuries prevent you from enjoying daily activities or hobbies that were part of your life before the accident, you can claim compensation for loss of enjoyment of life. This type of compensation aims to address the accident’s impact on your quality of life and the enjoyment you derive from your favorite activities.
- Property Damage Costs: Property damage compensation is intended to cover the costs of repairing or replacing your vehicle or any other personal property that the accident damaged. Estimates from auto repair shops and receipts for any property repairs or replacements are necessary to prove these costs and seek appropriate reimbursement.
Depending on the circumstances, you may also be able to pursue punitive damages. These damages are distinct because they are not meant to compensate you for your losses. Instead, courts award punitive damages to punish at-fault parties for particularly reckless or malicious behavior and discourage similar behavior in the future.
California allows awards of punitive damages at trial when the injured party can show that the at-fault party acted with malice—that is, “with a willful and conscious disregard of the rights or safety of others.” Courts have upheld that knowingly consuming alcoholic beverages with the expectation of having to drive afterward meets the definition of malice in this context.
The Average Settlements and Factors That Influence Them
Every drunk driving accident case is different, so there is no useful “average” for settlement amounts. Any settlement you receive will be based on a variety of factors specific to your unique circumstances. Relevant factors may include:
- The Severity of Your Injuries: The nature and severity of the injuries you sustain in the accident play a crucial role in determining your settlement amount. More severe injuries usually result in higher medical costs, longer recovery times, more pain and suffering—and larger settlements. When your lawyer prepares your claim, they will consider whether your injuries are temporary or permanent and how they affect your working ability and quality of life.
- The Amount of Medical Expenses You Incur: The total cost of any medical treatment you require can also heavily influence your settlement amount. This includes all expenses related to emergency care, surgeries, hospital stays, medications, physical therapy, and any future medical treatments you need.
- The Impact on Your Earnings: If your injuries temporarily or permanently affect your ability to work, your attorney will factor the resulting loss of income into your settlement demand. This includes both current lost wages and potential future earnings if your injuries diminish your capacity to work over the long term. The greater the impact on your ability to earn a living, the higher the potential payout.
- The Availability and Quality of Evidence: The strength of the available evidence can significantly impact your settlement negotiations. Strong evidence demonstrating the other driver’s fault and the extent of your losses should lead to a higher settlement. This includes police reports, witness statements, medical records, and other documentation supporting your claim.
- Insurance Policy Limits: The at-fault driver’s insurance coverage limits can also affect your settlement amount. If the driver has a robust insurance policy, there is a greater potential for a higher settlement. However, if their insurance limits are low, it might reduce the amount you can realistically expect to receive, regardless of the actual losses you incurred due to the DUI accident.
- Legal Representation: The quality and experience of your legal representation is another critical factor. An experienced attorney will be more adept at navigating the legal system, negotiating with insurance companies, and presenting your case in court if needed. They are also better equipped to accurately value your claim and signal to the opposing party that you are serious about obtaining fair compensation.
Choosing the Right Personal Injury Attorney in LA for Your Case
Choosing the right attorney for your drunk driving accident case is of critical importance. The right attorney can make a significant difference in the outcome of your case, protecting your rights and meeting your needs throughout the legal process.
Qualities to Look for in a Drunk Driving Accident Lawyer
Here are some things to look for when searching for a lawyer to handle your drunk driving accident case in Los Angeles:
- Experience with drunk driving cases
- A strong track record of recovering settlements and awards
- Good communication skills
- Accessibility and responsiveness
- Transparency about fees and costs
- Strong negotiation skills
- Attention to detail
- Compassion and understanding
- Willingness to go to trial if necessary
- A good reputation in the legal community
Why Choose Ardalan & Associates, PLC, as Your Advocate Against Drunk Drivers?
Choosing Ardalan & Associates, PLC, for your drunk driving accident claim means selecting a legal team that is deeply committed to your case from the outset. Our founder, P. Christopher Ardalan, has a proven track record of winning complex jury trials and securing millions of dollars for our clients—and it’s a track record he’s ready to put to work for you.
At Ardalan & Associates, we prepare every case as if it will go to trial. This thorough preparation starts immediately, as we have a dedicated legal team that will investigate the accident and build your case to give it the strongest possible foundation. Our proactive approach often leads to substantial settlements from insurance companies, who recognize our commitment and our strong reputation in the legal community. They know we negotiate forcefully and won’t hesitate to take cases to trial if their settlement offers don’t meet our clients’ needs.
When you choose us, you’re choosing a firm that will fight vigorously for your rights and demand the results you deserve.
Steps to Take Following an Accident With a Drunk Driver
Taking the right steps after a DUI accident is the best way to ensure your safety and support your claim for compensation.
Immediate Actions for Safety and Legal Preparedness
Here’s what you should do in the aftermath of a drunk driving accident in LA:
- Visit a doctor immediately, even if you feel fine.
- Follow all medical advice and treatment plans from your healthcare providers.
- Keep detailed records of all medical treatments and expenses.
- Obtain a copy of the police report for your records.
- Contact a knowledgeable car accident attorney as soon as possible.
- Report the basic facts of the accident to your insurance provider.
- Avoid admitting fault or sharing crash-related details with anyone but your lawyer.
- Refrain from discussing the accident or your health on social media.
- Keep a file of all accident-related documents and correspondence.
- Get estimates for vehicle repairs or documentation of total loss.
- Track any reductions in your income if you miss work during your recovery.
Collecting Evidence at the Scene
Try to collect as much evidence as possible at the scene of the drunk driving accident, as it can go a long way in supporting your claim. Take photos of the vehicles, road conditions, and any visible injuries as concrete proof of the damage and your condition. Do the same for any relevant factors nearby, such as weather conditions or traffic signs. Additionally, if there are witnesses, get their contact information so your attorney can follow up for detailed statements later. This evidence will allow your lawyer to build a strong case and demand the compensation you deserve for your crash-related losses.
Contact the Drunk Driving Accident Attorneys at Ardalan & Associates, PLC
If you’ve been hurt by a drunk driver in LA, let Ardalan & Associates fight for your rights to compensation. Call us now to arrange your free initial consultation. We’re about rebuilding lives and redefining justice.
Ardalan & Associates, PLC is a personal injury law firm based in Thousand Oaks, serving all of Southern California, including Los Angeles, Ventura, Kern, and Orange County. We are committed to helping our clients involved in personal injury accidents seek justice and navigate their legal journey.
