Drunk Driving Car Crash Victims
If you’ve been in an accident, we understand that you will mostly feel helpless, angry and even terrified, particularly if the driver who caused the accident was drunk. If the driver who caused the accident was drunk, he will face criminal charges, but this doesn’t help you when you need to recuperate after injuries, lost monetary wages, and the cost of expensive medical bills. A car crash lawyer in Murrieta 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?
If a driver is operating a motor vehicle while under the influence of alcohol, criminal actions can be faced by the driver. These criminal actions could include fines owed to the state and time in prison. However, this has nothing to do with the victims involved in the accident. In order to receive benefits, you must file a civil action.
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. 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
If you have been in an accident because of a drunk driver, in order to recover compensations, you have to file a civil action insurance claim. In DUI incident cases, you need to have evidence for:
- The driver was under the influence and his level of intoxication
- 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
Punitive damages can also be recovered, along with lost wages and medical expenses if you’re able to prove these statements. In California, a court may give punitive damages to penalize someone who was in the wrong. Below are more damages that can be recovered by an injured party after a DUI-related accident.
- Any medical expenses in the past or future
- Missing wages
- Condensed earning capacity
- Property reparation
- Physical therapy/other types
- Other damages such as pain and suffering
To figure out what you need to do to protect your rights, talk to Ryan Sargent at 855-209-3997 if you have suffered injuries due to a car accident with a drunk driver.