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. 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. A car crash lawyer in El Cajon 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?
Criminal actions can be faced by an intoxicated driver for operating an automobile. These charges include prison time and penalties like fines. However, this has nothing to do with the victims involved in the accident. In order to receive benefits, you must file a civil action.
During the accident, the driver under the influence should have his blood alcohol content measured, so that it can be used for your civil action 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 driver was under the influence and his level of intoxication
- His level of intoxication caused him to be an unsafe motorist and was careless
- 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. 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.
- Future and past hospital expenses
- Lost pay
- Reduced earning capability
- Property destruction
- Physical therapy/other types
- Pain and suffering
To find out what your actions should be to protect your rights, call Ryan Sargent if you or someone you love have been in an accident with a drunk driver at 855-209-3997.