Drunk Driving Car Crash Victims
After a car crash, it’s hard to keep your composure, typically you’ll feel scared, helpless and even angry, especially if the one who is to blame was intoxicated. In this event, it’s known that the intoxicated driver could face the law, but this doesn’t change the fact that you need help recovering your compensation for injuries, any lost salaries, not to mention the expensive medical bills that are to come. A car crash lawyer in Escondido can help you file this type of civil action for compensation.
What are the differences between Criminal and Civil Actions in the case of a Drunk Driving Accident?
Criminal actions can be faced by an intoxicated driver for operating an automobile. Criminal actions are such penalties like fines and time in jail. However, this has nothing to do with the victims involved in the accident. A civil action must be filed in order for you to receive compensation.
Evidence can be used in these cases, such as the motorist’s BAC or blood alcohol content which should be recorded during a criminal investigation for your civil action. If the driver’s blood alcohol limit was above the legal limit at the time of the accident, then we know that the driver was unfit to drive and was not being responsible on the road.
Here is an overview of the legal limit for blood alcohol content in California:
- Commercial driver: .04 percent
- Non-commercial drivers over the age of 21: .08 percent
- Drivers under the age of 21: .02 percent
Civil Action Against a Drunk Driver: How to Pursue it
To have the opportunity to recover damages for injuries that have happened to you or your loved ones, you will need to pursue a civil action lawsuit against the person who has cause the accident. In the event of DUI case, you have to prove:
- The driver was drunk and his blood alcohol content
- He was an unsafe driver and negligent on the road due to his intoxication
- The carelessness of the driver caused the accident
- Damages or injuries occurred
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. In the case of punitive damages, courts in California can do this to punish someone for their wrongdoing. Under these circumstances, such damages could be appropriate.
Below are more damages that can be recovered by an injured party after a DUI-related accident.
- Medical expenditures – past and future
- Lost salaries
- Reduced grossing capacity
- Property destruction
- Physical therapy/other types
- Other damages such as pain and suffering
Call Ryan Sargent today at 855-209-3997, if you have been in an automobile accident with an intoxicated driver to find out what to do about your rights.