Victims of a Drunk Driving Accident
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 Riverside 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 charges include prison time and penalties like fines. 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.
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.
Below is the legal limitations set on intoxication in the state of 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 DUI incident cases, you need to have evidence for:
• 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
Punitive damages can also be recovered, along with lost wages and medical expenses if you’re able to prove these statements. 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.
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 pay
• Condensed earning capacity
• Property loss
• Physical therapy (or other types of therapy)
• Pain and suffering and other intangibles
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.