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. 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. In Oceanside, an auto accident lawyer could help you with filing a civil action for lost compensation.
Differences between a Criminal Action and a Civil Action in a Drunk Driving Car Crash
While under the influence, a drunk driver can face criminal actions for driving. These charges include prison time and penalties like fines. None of this fixes the issues that involve the victims of the car accident. A civil action must be filed in order for you to receive compensation.
The driver’s blood alcohol content or BAC can be collected data that can be used in favor of your 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
How to go about Pursuing a Civil Action against a Driver under the influence
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
- The driver was incautious and inattentive because of intoxication
- It was his negligence that caused your accident
- 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. In the case of punitive damages, courts in California can do this to punish someone for their wrongdoing. Damages such as these may be suitable under certain circumstances.
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
- Lost salaries
- Condensed earning capacity
- Property loss
- Physical therapy (or other types of therapy)
- 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.