Driving under the influence is an incredibly dangerous act that can lead to severe injuries and fatalities to the driver and others around them. When an accident occurs as a result of this illegal behavior and you are injured, you have the right to seek legal recourse through monetary compensation. Understanding who could be responsible and what you may be entitled to is essential.
Liability in Drunk Driving Accidents
When a drunk driving accident occurs, identifying all potentially liable parties is paramount in seeking compensation and accountability. Here’s how liability can be allocated among the different parties involved.
- In most cases, the drunk driver who causes the accident is going to be primarily liable for the injuries and damages they cause to another party.
- Parent or guardian. In some cases, a parent or guardian could also be responsible for the accident and injuries. This occurs if they have provided alcohol to an underage person who was at their residence, and then they cause a car accident.
- Licensed alcohol seller. Establishments that have a license to sell alcohol can be liable for certain drunk driving accidents as well. This liability falls under Dram Shop laws. In California, if one of these establishments knowingly serves obviously intoxicated minors (those younger than 18 years old), and the minor causes a DUI-related accident, victims can hold them liable for the resultant injuries or deaths.
- Vehicle owner. At times, it may not be the vehicle owner driving under the influence but someone else they’ve authorized to use their car. In such a scenario, if this individual happens to drive drunk and cause an accident, responsibility could also fall on the vehicle owner. This is particularly true if the vehicle owner knowingly allowed an intoxicated or historically reckless driver to use their car.
- While this may be surprising to you, even as a victim of a drunk driving accident, you could still be partially responsible for the accident. Under California’s comparative negligence law, each party is essentially assigned a percentage of blame in car accidents.
If you were partially at fault, you could still collect compensation, but it would be reduced by your percentage of fault. For example, if you’re entitled to $50,000 in damages but it’s determined that you were 10% at fault, your potential compensation would be reduced by 10% ($5,000).
Seeking Compensation: What Damages Can You Claim?
Securing compensation after a drunk driving accident requires you to understand the types of claims you could make. Here are the potential damages that can be sought in these types of personal injury cases:
Economic Damages
These encompass direct financial losses resulting from the accident, typically including:
- Medical expenses. These involve costs for immediate medical attention, any ongoing treatment activities post-accident, rehabilitation expenses, and even future predicted healthcare needs resulting from the injuries sustained in the accident.
- Lost wages. You may be entitled to receive compensation for lost earnings if your ability to work has been affected — both present income and projected future earnings are considered under this claim.
- Property damage. This comprises all costs required to repair or replace any damaged properties, such as your vehicle which got wrecked in the accident. It could also include other items in your car that were damaged — for example, a laptop or cell phone.
Non-Economic Damages
Alongside the more quantifiable economic damages, there are also instances where victims can seek compensation for intangible losses. These include:
- Pain and suffering. This particular form of non-economic damage serves as recognition of the genuine physical discomfort and agony sustained from a drunk driving accident. Pain is subjective, varies greatly among individuals, and isn’t easily measurable in financial terms, but this is still something you can recover monetary compensation for.
- Loss of enjoyment of life. If your capacity to take pleasure in life’s activities or pursue hobbies has been impaired because of physical or emotional pain from the accident, you may be entitled to compensation for this as well.
- Emotional distress. Car accidents, especially drunk driving incidents, can cause significant psychological distress. Compensation may be pursued for the emotional suffering such events induce, including anxiety, depression, and post-traumatic stress disorder (PTSD).
- Loss of consortium. Spouses or family members might suffer an absence of companionship or a decline in their relationship resulting from your injuries. In this unique type of claim called “loss of consortium,” these individuals could potentially seek compensation for such losses.
Punitive Damages
Aside from compensation for your losses, the court may impose an additional financial penalty known as punitive damages. Reserved for cases exhibiting gross negligence or malicious actions, these are intended to punish the offender and discourage such behavior in the future.
“In an action for the breach of an obligation not arising from contract, where it is proven by clear and convincing evidence that the defendant has been guilty of oppression, fraud, or malice, the plaintiff, in addition to the actual damages, may recover damages for the sake of example and by way of punishing the defendant.”
Understanding what damages may be recoverable is critical if you are a victim of a drunk driving accident. The best way to determine exactly what you can claim is to speak with an experienced personal injury lawyer as soon as possible.
FAQ
How do I prove the other driver was intoxicated in a DUI accident claim?
Proving the other driver’s intoxication in a DUI accident claim can be achieved through evidence, including but not limited to a detailed police report with field sobriety test results and BAC levels, eyewitness accounts, available surveillance footage, and expert testimonies highlighting impairment.
Can I file a claim if I was a passenger in a car driven by a drunk driver?
Being an injured passenger in an incident caused by impaired driving does not prevent you from filing a compensation claim and you typically maintain the right to seek financial recovery against the insurance policy of the offending drunk driver.
Contact Gomez Trial Lawyers for Help With a Drunk Driving Accident
If you or a family member have been injured by a drunk driver and want to discuss your rights to compensation or learn how we can help hold the responsible party accountable, please reach out to Gomez Trial Lawyers to schedule a free consultation. Call us at 619-237-3490 or contact us online right away.