Drunk Driving Wreck 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 San Marcos can help you file this type of civil action for compensation.
Differences between a Criminal Action and a Civil Action in a Drunk Driving Car Crash
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. 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. If it is found that during the time of the accident, the driver’s blood alcohol limit was more than the legal limit, then the driver did not take other people’s lives and safety into account and he/she failed to be careful on the road.
Below are 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
Civil Action Against a Drunk Driver: How to Pursue it
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 these DUI accident cases, you need to provide:
- The driver was drunk and his blood alcohol content
- The driver was incautious and inattentive because of intoxication
- It was his negligence that caused your accident
- You suffered injuries or damages
Once you’re able to prove these, you might be able to recover punitive damages, as well as, lost wages and medical expenses. Courts have the ability to award punitive damages to reprimand someone who has committed something wrong in California. 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.
- Medical expenditures – past and future
- Missing wages
- Reduced grossing capacity
- Property destruction
- Therapy of any kind, including Physical therapy
- Pain and suffering and other intangibles
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.