Drunk-Driving

Damages You Can Recover in a Drunk Driving Claim

Drunk-Driving

Nothing can prepare you for the shock of getting hit by a drunk driver. The aftermath of a crash can be even harder, especially if you suffered injuries. Figuring out how to pay the medical bills, repair your car, and return to daily life is a genuine challenge. Fortunately, California law allows drunk driving accident victims to seek compensation for their losses. The legal term for this money is damages.

Driving under the influence of alcohol or drugs is illegal in California. When people break the law and hurt others, they can be held financially accountable for their wrongdoing. A Sacramento drunk driving accident lawyer from Demas Law Group can help you pursue maximum compensation to rebuild your life.

Our law firm is a respected fixture in the Sacramento community, known for our ability to take on stubborn insurance companies and win. Let us help you, too. Contact us today for a free consultation.

Can I Get Compensation for a Drunk Driving Accident?

Individuals who suffer injuries after a drunk driving accident can seek compensation from the responsible driver after a wreck. You start the process by filing a claim with the drunk driver’s insurance company. Ideally, you can reach a full settlement and move on with your life.

Unfortunately, negotiating with the insurance company rarely results in ideal outcomes. Auto insurers are for-profit entities. Their priority is saving money, not making fair settlements to claimants.  An experienced attorney can help you pursue compensation for the full extent of your losses.

Damages in California can be broken down into two main categories: special damages and general damages.

Special damages compensate accident victims for their financial losses after a drunk driving crash. These losses are easily calculated and measurable with evidence from billing statements, pay stubs, and (in some cases) expert testimony. Special damages can include money for:

  • Past and future medical bills
  • Lost wages
  • Lost earning capacity
  • Property damage

General damages are different. This money compensates you for the intangible losses you suffered from the drunk driver’s negligence. Examples of general damages include:

  • Pain and suffering
  • Emotional distress
  • Lost quality of life
  • Lost enjoyment of life
  • Permanent scarring or disfigurement
  • Permanent disability

A third category of damages in California personal injury cases is punitive damages, also known as exemplary damages. Contrary to special or general damages, punitive damages are awarded to punish the at-fault party for their especially reckless conduct and deter similar behavior in the future. California law requires victims to prove, by clear and convincing evidence, that the wrongdoer acted with malice, oppression, or fraud to win punitive damages.

How Can I Prove a Drunk Driver Caused My Accident?

Winning a drunk driving accident case requires evidence that the impaired driver acted negligently. Negligence is a person’s failure to use reasonable care to prevent harming others.

Driving while intoxicated is illegal in California. It’s also known as “negligence per se.” This means a person who violates California’s drunk driving statute may be considered negligent simply because they broke the law. However, that doesn’t necessarily mean they are entirely responsible for a crash. You still must prove they caused your injuries.

California is a comparative negligence state, meaning multiple parties can share fault for a collision and still receive compensation — even the drunk driver. This is why you need proof that the impaired driver’s actions harmed you.

Examples of evidence include:

  • Police accident report
  • Medical records
  • Witness statements
  • Photos and video from the crash scene
  • Toxicology test results
  • Proof of drunk driving conviction or citation
  • Accident reconstruction reports
  • Expert testimony

Can a Criminal DUI Conviction Help my Drunk Driving Injury Case?

It might seem strange, but a driver’s DUI conviction has no bearing on your personal injury case. Drunk driving is a criminal act, and the state of California handles criminal cases. By contrast, your injury claim is a civil case. Even if the prosecutor fails to secure a conviction, you can still file a claim against the drunk driver and recover compensation for your injuries. While not required, a conviction can serve as helpful evidence to support your demand for maximum compensation.

What if the Drunk Driver Has No Insurance?

California requires all drivers to carry minimum amounts of auto liability insurance. This coverage provides compensation to people hurt by the policyholder. If a DUI driver hits you, your first step would be filing a claim with their insurer.

But what if the drunk driver was uninsured? You’re not necessarily out of luck. You could pursue compensation by:

  • Filing a claim with your insurance company using your uninsured/underinsured motorist coverage (if you purchased it)
  • Filing a lawsuit directly against the at-fault driver
  • Looking for other potential sources of compensation, such as the driver’s employer, vehicle owner, property owner, or another liable party

Some states have “dram shop” laws that allow accident victims to sue bars, liquor stores, restaurants, and other establishments for serving visibly intoxicated patrons. However, California’s dram shop law is very narrow, extending third-party liability only to social hosts or establishments that serve underage drinkers.

What Demas Law Group Can Do for You

Drunk driving accidents frequently result in some of the worst injuries. Demas Law Group is committed to holding impaired drivers accountable for hurting others. When you meet with us, we will:

  • Discuss your case and review your legal options in a free consultation
  • Collect strong evidence to support your injury claim
  • Manage all important filing deadlines
  • Handle all communications with the insurance company
  • Negotiate aggressively for a full settlement that reflects your total losses
  • Provide timely responses to any questions you have regarding your case
  • Take your case to trial, if necessary

There’s never an excuse for drunk driving. Contact Demas Law Group today for a free consultation with an experienced drunk-driving accident lawyer.