Victims of a Drunk Driving Accident
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. Of course, this driver will face criminal charges, but we know that this doesn’t help your injuries, your lost wages, or your expensive medical bills. In San Bernardino, an auto accident lawyer could help you with filing a civil action for lost compensation.
Differences between a Criminal Action and a Civil Action in a Drunk Driving Car Crash
While under the influence, a drunk driver can face criminal actions for driving. Criminal actions are such penalties like fines and time in jail. This does nothing to help compensate the victims in a car crash due to the intoxicated driver. In order to receive benefits, you must 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. For instance, when the police arrived at the scene of the accident and they found out that the blood alcohol content of the driver was above the legal limit, then the driver was not taking reasonable care and was not protecting the safety of others on the road while driving.
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
Filing a Civil Action Against an intoxicated Driver
In order to be able to gain benefits for any damages or injuries done during a drunk driving incident, you must first pursue a civil action against the driver who is at fault.
In the event of DUI case, you have to prove:
The motorist was under the influence and his blood alcohol content
He was an unsafe driver and negligent on the road due to his intoxication
The accident that ensued was due to the driver’s negligence
You suffered injuries or damages
If these elements are proven to be true, you have the possibility to benefit your lost pay and medical expenses and you may even have the chance to gain punitive damages. Courts have the ability to award punitive damages to reprimand someone who has committed something wrong in California. Damages such as these may be suitable under certain circumstances.
Other damages that may be recovered after a DUI accident are:
Any medical expenses in the past or future
Reduced earning capability
Therapy of any kind, including Physical therapy
Other damages such as 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.