Drunk driving accidents

Drunk driving, or driving under the influence, is unfortunately one of the most common causes of car accidents in California. Victims of drunk driving accidents may suffer catastrophic and life altering injuries. If you or a loved one was involved in an accident with a drunk driver, it is important to call a California drunk driving accident lawyer as soon as possible.

What is a DUI in California?

According to the California Department of Motor Vehicles, it is illegal for an individual to operate an automobile if they have a:

• BAC of 0.08% or higher if 21 years old or older,
• BAC of 0.01% or higher if under 21 years old or on DUI probation,
• BAC of 0.04% or higher if operating a vehicle requiring a CDL, or
• BAC of 0.04% or higher if transporting a passenger for hire.

If a person is determined to have any of the blood alcohol concentrations above, they may be charged with driving under the influence.

I Was Hit By A Drunk Driver; Do I Have A Civil Or Criminal Claim?

In the context of drunk driving cases there are typically civil and criminal proceedings. While they both involve a drunk driver causing a collision, their purposes are entirely different.
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In a criminal DUI case, a defendant is found to have broken the law if theyhave a blood alcohol concentration (BAC) that is higher than the California minimum. The objective of the criminal case is to establish that the defendant committed a crime and to enforce the corresponding penalties, which caninclude fines, imprisonment, license suspension, or a combination thereof. Conversely, a civil DUI case focuses on demonstrating that the defendant’s actions resulted in harm to the plaintiff, who is typically an individual. In thesecases, the plaintiff seeks monetary compensation for their injuries instead of a criminal conviction.

I Was Hit By A Drunk Driver; Do I Have A Civil Or Criminal Claim?

Economic damages are a type of compensation awarded to victims forquantifiable financial losses including but not limited to medical expenses(past and future), lost wages, property damage, and out-of-pocket expenses. Medical expenses include compensation for bills such as ambulance, hospital, surgery, physical therapy, and any other treatment required as aresult of your accident.

Lost wages may also be recovered if you were forced to miss time from workas a result of the accident. Lost wages may include wages you would have earned had you not been in the accident, and any raises, bonuses, or promotions you would have earned if you had not been injured. Property damage costs for repairs or replacement may be recoverable if yourvehicle or property was damaged during the accident. Out-of-pocket expenses may include home modifications that are needed to accommodate a disability or assistive devices such as wheelchairs and prosthetics.

Non-economic damages are a type of compensation awarded to victims in apersonal injury case for intangible losses that do not have a specific monetary value. These damages include pain and suffering, emotional distress, loss of enjoyment of life, loss of consortium.

Pain and suffering compensation is for the pain, suffering, and heartache you had to endure as a result of the accident. This generally may encompassboth physical and mental suffering. Emotional distress compensation is for the psychological effects of personalinjury such as anxiety, depression, fear, and trauma. Punitive damages may be awarded in some cases to punish the at-fault party for their negligent actions. Punitive damages are typically awarded if the drunk driver acted intentionally or with wanton disregard for the safety ofothers. Please note, punitive damages are not available in all cases.

Contact a drunk driving accident lawyer today

If you or your loved one has suffered injuries due to a drunk driving accident, our team of attorneys are ready to fight for justice. We will evaluate yourclaim from the start to ensure a strong case, negotiate on your behalf, and ensure your rights are protected. To schedule a free consultation, call (818)804-8904 or fill out our contact us form to speak with one of our personal injury lawyers.