Drunk Driving Car Crash Victims
In the event of a car crash, you can end up feeling many emotions, terrified, hopeless and angry and it doesn’t get any better if you find out the person responsible was under the influence of alcohol. If the driver who caused the accident was drunk, he will face criminal charges, but this doesn’t help you when you need to recuperate after injuries, lost monetary wages, and the cost of expensive medical bills. A car crash lawyer in California can help you file this type of civil action for compensation.
Criminal and Civil Actions: What’s the difference in a Drunk Driving Car Wreck?
If a driver is operating a motor vehicle while under the influence of alcohol, criminal actions can be faced by the driver. These criminal actions could include fines owed to the state and time in prison. None of this fixes the issues that involve the victims of the car accident. To gain benefits, you have to file a civil action.
The driver’s blood alcohol content or BAC can be collected data that can be used in favor of your case. If the driver’s blood alcohol limit was above the legal limit at the time of the accident, then we know that the driver was unfit to drive and was not being responsible on the road.
This is a list of the legal limits for intoxication in California:
Commercial driver: .04 percent
Non-commercial drivers over the age of 21: .08 percent
Drivers under the age of 21: .02 percent
How to go about Pursuing a Civil Action against a Driver under the influence
If you have been in an accident because of a drunk driver, in order to recover compensations, you have to file a civil action insurance claim.
In these DUI accident cases, you need to provide:
The driver was drunk and his blood alcohol content
He was an unsafe driver and negligent on the road due to his intoxication
The carelessness of the driver caused the accident
You suffered injuries or damages
Punitive damages can also be recovered, along with lost wages and medical expenses if you’re able to prove these statements. In the case of punitive damages, courts in California can do this to punish someone for their wrongdoing. Under these circumstances, such damages could be appropriate.
These are other damages that may be recuperated after the event of a DUI-related car crash:
Any medical expenses in the past or future
Reduced grossing capacity
Therapy of any kind, including Physical therapy
Pain and suffering
To figure out what you need to do to protect your rights, talk to George Arvanitis at 1-800-HURT-NOW if you have suffered injuries due to a car accident with a drunk driver.