According to the National Highway Traffic Safety Administration (NHTSA), approximately 32 people in the U.S. are killed daily in accidents caused by drunk driving. In one recent year, 11,654 people lost their lives because of someone who chose to drive drunk.
All fifty U.S. states have laws against driving under the influence of alcohol or drugs, including California. If you are injured in an accident caused by a drunk driver, you could be entitled to compensation from the person who hit you. Contact Demas Law Group, P.C. for a free consultation with a drunk driving accident lawyer in California and learn more about your options.
The Effects of Alcohol on a Driver
The amount of alcohol in a person’s body is measured by their blood alcohol concentration (BAC). The more a person drinks, the higher their BAC levels will be – and the more their driving abilities will be impaired.
If a person’s BAC level reaches 0.08 percent, they are considered too impaired to operate a vehicle and can be arrested for drunk driving in all 50 states. A police officer can determine the BAC level of a driver in the field by administering a breathalyzer test.
According to the NHTSA, the following BAC levels will result in specific typical effects on driving:
- .02 percent: Altered mood, some judgment impairment, difficulty performing two tasks simultaneously, body warmth, difficulty visually tracking a moving object.
- .05 percent: Decline of small-muscle control, changes in behavior, increasingly impaired judgment, lowered inhibitions, lowered alertness, decline in coordination, difficulty tracking moving objects, difficulty controlling the steering wheel, reduced reaction to sudden driving situations.
- .08 percent: Poor muscle coordination, difficulty perceiving danger, impaired judgment, loss of self-control, difficulty reasoning, memory impairment, poor balance, speech, reaction, memory, and hearing.
- .10 percent: Significantly reduced reaction time, slurred speech, impaired coordination, difficulty staying in the correct lane, slowed thinking, difficulty braking at the right time.
- .15 percent: Significant loss of balance and muscle control, vomiting, deteriorated visual and auditory processing abilities, significantly reduced ability to control a vehicle, difficulty paying attention to the task of driving.
Even small amounts of alcohol can be dangerous when mixed with other substances. Most over-the-counter cold and allergy medications contain ingredients that react with alcohol and intensify its effects. California law does not distinguish between legal or illegal drugs for purposes of a DUI offense. It is unlawful for a person under the influence of drugs to drive a vehicle.
What Are the Steps to Take If You Are Involved in an Accident Caused by a Drunk Driver?
If a drunk driver injured you, you might be wondering what to do next. “What do you do after getting hit by a drunk driver?” is a common question accident victims have. However, they may be confused after an accident and unsure of what to do. If you are injured in an accident caused by a drunk driver, there are immediate steps you can take to protect your well-being and legal rights, including the following:
- Call 911 – If you are involved in an accident, call 911 immediately and request an officer at the scene and medical services if someone needs them. If the other driver is under the influence, they might fear being arrested and attempt to talk you out of calling the police. But for your safety and to protect your legal rights, police must be dispatched and take a formal report. Law enforcement can also conduct field tests on the driver to determine whether they were driving under the influence.
- Collect information – If you are physically able to do so and the other driver is responsive, collect their information, including their insurance details. If the driver will not cooperate or is too impaired to respond, do not approach them. Instead, take down whatever information you can, including license plate numbers, make and model of all vehicles involved in the crash, and all witness names and contact information. If you can, photograph any injuries you suffered and any visible damage to vehicles involved in the crash.
- Report what you saw and heard – When the police arrive, give them your firsthand account of the accident, including everything you saw and heard. Tell the officer why you suspect the other driver is under the influence (for example, if you noticed their car swerving before it hit you or if you smelled alcohol on the driver’s breath.)
- Seek medical attention – Get a medical evaluation as soon as possible. You can go to the hospital by ambulance from the scene or have someone take you to the hospital to get checked out. Seek medical attention promptly even if you don’t feel injured, as not all injuries are apparent immediately.
- Contact a car accident attorney – You should never have to pay the price for someone else’s decision to drive drunk. You may be entitled to compensation for your accident-related losses if you have been injured in a crash with a drunk driver.
I Got Hit by a Drunk Driver – What Am I Entitled To?
Drunk driving is a dangerous decision, not an accident. If you are harmed by a drunk driver, you should be compensated for the full extent of your losses.
According to the California DMV, all owners of vehicles operated or parked on California roads must carry liability insurance. California’s state minimums for such insurance are $15,000 for death or injury to one person, $30,000 for death or injury to more than one person, and $5,000 for property damage. If the owner has no insurance, they must have a surety bond for $35,000 or have $35,000 cash deposited with the DMV. If your damages exceed the amount of the other driver’s insurance policy, you have the right to sue the driver personally to recover your losses.
If a drunk driver injured you, you could pursue compensation for the losses you suffered, which might include:
- Medical expenses
- Lost wages
- Vehicle repair or replacement
- Physical and mental pain and suffering
- Assessments of the value of your pain and suffering are generally based on the severity and type of injuries you suffered and any ongoing or future treatments you will need.
To secure this compensation, you must present evidence substantiating your claim. This evidence can include medical records, bills, prescriptions, doctor’s notes, therapist records and bills, proof of lost wages, and photos of your injuries.
Get Help from an Experienced Car Accident Lawyer
Being hit by a drunk driver can be devastating. Don’t try to deal with tricky insurance companies on your own. Our team of knowledgeable personal injury lawyers is ready to fight for your rights to financial recovery. Contact Demas Law Group, P.C. for a free consultation today with an experienced drunk driving accident lawyer.
