According to the CDC, over 10,000 people die each year due to alcohol-related car accidents. In California, around 32% of all car accidents in 2011 were due to alcohol-related incidents, resulting in 900 fatalities. While criminally prosecuting a drunk driver may provide a sense of justice, it won’t help victims with their financial losses.
Seeking civil action may help victims receive compensation for medical bills, lost wages, and other damages. Injuries sustained in these accidents can result in astronomical medical bills, months of physical therapy, and surgeries. As a victim, you shouldn’t have to pay for these expenses yourself; instead, the negligent party should be held responsible.
What is the Law in a DUI Accident?
If you have been in a DUI accident in California, you should know that you have legal options to recover damages. The following damages are available to those who have been injured in a DUI accident:
- Wrongful death
- Permanent disability
- Emotional distress
- Pain and suffering
- Lost wages or future earning capacity
- Past, ongoing, and future medical expenses
- Property damage
In addition, you may be entitled to punitive damages if you can prove that the drunk or drugged driver showed a blatant disregard for the safety of other drivers and pedestrians. Punitive damages are a form of monetary compensation that punishes the driver and discourages them from committing future DUIs.
To learn more about your legal options, contact a San Diego DUI Accident Attorney who can guide you through the process of recovering damages.
Third-Party Liability in a DUI Accident
Third-party liability in a DUI accident in California can extend beyond the driver who caused the accident. Under “dram shop laws,” social hosts and other third-party vendors may be held liable for injuries or damages caused by a drunk driver.
The circumstances below are examples of when a third party would hold liability for a DUI accident:
- Social hosts who provide alcohol to minors may be held responsible for any accidents or injuries caused by minors who consume the alcohol.
- Third-party vendors, such as bars or restaurants, may also be held liable if they supply a person with enough alcohol to cause intoxication and that person goes on to cause an accident or injury.
- To prove liability in a dram shop case, it must be shown that the vendor’s alcohol contributed to the accident or injury and that there was actual harm caused.
California courts generally will not hold a business liable for someone’s consumption of alcohol, but they may do so if the business knowingly provided alcohol to a minor who went on to cause an accident or injury.
Legal Options for DUI Accident Victims
If you have been injured in a DUI or DWI accident, you have legal options to help you recover damages and hold the responsible parties accountable for their actions. The following are legal options available to you as a victim of a DUI accident.
- Claims against the at-fault driver: Victims of a DUI accident can file a civil lawsuit against the at-fault driver to recover damages such as medical expenses, lost wages, and pain and suffering. The driver may also face criminal charges for their actions.
- Drams shop claims: Victims of a DUI accident may also file a “dram shop” claim against the provider of the intoxicant, such as a bar, restaurant, or social host, if it can be proven that they knowingly served alcohol to the driver who caused the accident.
- Insurance claims: Victims may also file claims with their own insurance company or the at-fault driver’s insurance company to recover damages.
It is crucial to consult with a DUI Accident Lawyer to guide you through the legal process and help you determine the best course of action for your specific case.
How Can the DUI Accident Lawyer Help Victims?
At Jorgensen Law, we understand the pain and stress that come with being involved in a DUI accident. Our experienced legal team in San Diego is here to provide you with the compassionate and professional guidance you need during this difficult time. We will investigate the accident, gather evidence, and help you determine who should be held liable for your injuries.
If you or a loved one has been hurt in a DUI accident, don’t hesitate to contact us at 1-888-855-2948 for a free consultation and case evaluation. Time is limited, so it’s important to act quickly. Our DUI Accident Lawyers will work tirelessly to help you seek the maximum compensation you deserve and will never collect a fee until you do. Let us help you through this difficult time and fight for the justice you deserve.