Drinking and driving or driving under the influence of drugs––whether those drugs are prescription or illicit––can impair the driver's ability to drive safely. Serious accidents leading to life-threatening or fatal injuries can result. If you or a loved one has been injured from an intoxicated driving accident, you can seek representation. These types of personal injury or wrongful death cases can involve technical and scientific knowledge of DUI (driving under the influence).
At The Law Office of Shawn Golshani | Shawn Gol Law, P.C., our auto accident lawyer in California, along with our team, can help with accidents caused by intoxicated drivers. Contact us at (310) 900-0809 to schedule a Free Case Evaluation.
What Constitutes Intoxicated Driving Accidents in California?
An intoxicated driving accident involves a driver driving under the influence of drugs or alcohol. This can even include legal prescription drugs if the driver was aware or should have known that the drug would impact their ability to drive.
Different types of drugs and alcohol can impact drivers in vastly different ways. When a person causes an auto accident due to intoxication, that person may be responsible for compensation to the accident victims.
Liability in California for Drunk Driving or Drugged Driving Accidents
Liability in auto accidents lies with the driver or drivers who caused the accident. If the accident involved an intoxicated driver, the assumption, initially at least, is that the intoxicated driver caused the accident and is, therefore, liable for it.
That said, liability depends on the facts and circumstances, not on a person's intoxication alone.
It is not automatic that an intoxicated driver will be liable for every accident. For example, if the other driver involved in the accident blew through a red light or was texting at the time of the collision, they will likely be held accountable. On the other hand, the latter driver could be found to have contributed to the accident by a certain percentage. Most states adhere to a comparative negligence theory, which means you can still recover compensation but it will be reduced accordingly.
Evidence and Proving Intoxicated Driving in Auto Accident Cases in California
Cases involving driving under the influence (DUI) accidents can be tricky to show to some extent because you need to show by evidence that the driver was intoxicated. This burden of proof requires that evidence show it was more likely than not that the intoxicated driver caused the accident (and not simply that the driver was intoxicated).
Keep in mind, however, that you need to prove not that the other driver was intoxicated but that the driver was at fault for the accident––and it was the intoxication that caused it. Evidence you can submit in a civil case can include but is not limited to:
- Police reports
- Evidence of driver's blood alcohol concentration (BAC) (breath, blood, or urine tests)
- Eyewitness testimony
- Surveillance footage from nearby cameras
- Photographs of the scene
- Accident reconstruction reports
- Testimony of people who witnessed the other driver drinking and becoming intoxicated
Compensation from Intoxicated Driving Accidents in California
Compensation is intended to make a victim of an accident “whole” (or as much as possible) after the losses they sustain as a result of the accident. A victim of an intoxicated driving accident may be eligible for different forms of compensation that can involve both economic and non-economic damages.
Economic damages may include but are not limited to medical bills to treat the victim and any costs to repair or replace the vehicle. If the auto accident victim misses work as a result of their injuries caused by the accident, then they may be able to demand lost wages, among other things.
It is also possible for accident victims to be compensated for the pain and suffering that they experience as a result of their injuries caused by the accident. These sorts of damages are less concrete, but the generally the worse an injury is, the higher the dollar figure for pain and suffering might be.
Contact a Auto Accident Lawyer in Los Angeles
The Law Office of Shawn Golshani | Shawn Gol Law, P.C., along with our team can help. Call us today at (310) 900-0809 to schedule a Free Case Evaluation.