California’s active nightlife culture, as well as its population and diverse terrain, contribute to the state’s high number of alcohol- and drug-related accidents each year. These accidents have a range of dire consequences.
According to the National Highway Traffic Safety Administration, someone died due to drinking and driving, on a national level, every 48 minutes in 2017, and that rate increased to every 39 minutes in 2020. The California Office of Traffic Safety reported that that same year, California alone had 95,957 DUI arrests, and then 1,307 deaths due to drunk driving in 2021.
Victims of drunk driving accidents who are lucky enough to live through their accidents have legal means to receive compensation for the myriad of consequences, ranging from property damage and personal injury to emotional distress to punitive damages. The following outlines the different steps to take after being involved in a drunk driving accident.
Understanding California’s Drunk Driving Laws
In California, it is illegal to drive a vehicle with a blood-alcohol content (BAC) of 0.08% or higher. The limit when operating a commercial vehicle is even lower, at 0.04%. It’s also illegal to drive any vehicle under the influence of drugs or to have any combination of drugs and alcohol in one’s system. If a driver is under the age of 21, any BAC is grounds for a DUI.
There are several different factors when determining the legal consequences of a DUI, including severity, age, and if the driver is a repeat offender. On a first offense, a driver over the age of 21 can face a four-month license suspension, a possible 48 hours to six months in jail, and a fine ranging from $390 to $1000. A driver under the age of 21 with a DUI can face a year-long license suspension.
A BAC of 0.20% or higher on a first offense could result in a harsher punishment, with a license suspension of up to 10 months and committing to a nine-month-long DUI rehabilitation program.
After a first offense, any offenses within 10 years sustain harsher consequences. A second offense within 10 years of the first will result in a two-year license revocation and a possible 10 days to a year in jail. A third offense results in a three-year revocation and jail time that could last 120 days to a year. Fines, depending on severity, can go up $3,600.
These consequences don’t include things like legal fees, civil lawsuits, or lost wages due to court appearances, jail time, or loss of license.
Civil vs. Criminal Cases
A DUI criminal case is brought forward by the state as a way to deter drunk drivers from repeat offenses. During a criminal case, the above consequences will be determined, depending on the severity of the DUI. Often these criminal cases end in a misdemeanor if it is the driver’s first, second, or third offense in 10 years. A felony charge can be made if the DUI is the driver’s fourth offense in 10 years, they have a prior DUI felony, if the DUI caused injury, or if a minor was present in the car at the time of the DUI.
A criminal case is separate from a civil case, which is brought forward by any victims involved in the accident. A civil case is meant to compensate victims for things such as property damage, medical expenses, lost wages, emotional distress, etc. Victims can sue for a civil case whether a driver was convicted of a DUI or not.
Legal Rights of Drunk Driving Accident Victims
California’s personal injury law grants victims the right to pursue compensation in the event of a car accident caused by a DUI or impaired driving. In a case such as this, the victim would be the plaintiff while the driver is the defendant, and the victim has the right to pursue compensation in economic damages (property, injury, lost wages, etc.) and non-economic damages (pain and suffering, emotional distress, etc.).
Another form of compensation a victim can pursue is punitive damages. Punitive damages, or exemplary damages, can be awarded in civil court in cases of extremely harmful conduct, often falling under the category of fraud, malice, or oppression. The defendant’s actions must be proven to be extremely and blatantly harmful or reckless.
Depending on the severity of the accident and what the victim has suffered in terms of both economic and non-economic stress, the court or jury in a DUI civil case can view drunk driving as a malicious attack on the victim’s safety. If punitive damages are awarded, they are added on top of the initial compensatory request. A court can use punitive damages to show the general public an intolerance for reckless behavior.
What to Do Immediately After the Accident
Before pursuing any legal action after an accident, those involved need to take immediate steps to ensure their immediate safety. Make sure all accident participants are safely off the road and call emergency care for immediate attention to injuries. Do not attempt to clean up any part of the accident, but, if available, put out hazard makers for other drivers if it can be done so safely. Be sure to also exchange insurance information with all parties involved.
Document the Scene
Once everyone is safely out of further harm’s way and the proper emergency responders have been called, begin documenting the scene. This will be important when gathering evidence for court later. Take pictures of the scene, making sure to document all cars involved, including make, model, color, and license plate. If other drivers have pulled over to help, ask if they can give a witness statement, and document their contact info, as well as all those involved in the accident. Take video of the aftermath, especially if a DUI is suspected, to document any erratic or drunken behavior.
Report the Accident
Be sure police are contacted and arrive at the site of the accident. Without an accident report, pursuing legal damages will be much harder. Police will also be strong witnesses and can also order a toxicology screening when a DUI is suspected. Along with documenting the scene, this is vital to gathering evidence in the chance of pursuing a civil case.
Gathering Evidence for Your Case
How to get the reports related to the accident varies from city to city, but it should be easily attainable by those actively involved in the reports. In California, toxicology reports can be requested from the county medical office in person, by mail, by phone, or by email. Police reports can be obtained similarly.
Medical Records and Treatment Plans
Do not wait to request medical documents. Actively pursue them from the moment treatment begins, and be sure that someone is listed as being able to obtain them as well as backup. During treatment, also request any doctor take extensive notes on the extent of any injuries as well as the causes. If put on a treatment plan, request a detailed outline of the plan, how long it will take, and the expenses involved. Also, request itemized bills and talk with the insurance company if there is a way to put off paying. If forced to pay, keep all receipts.
Witness Statements and Surveillance Footage
Follow up with any witnesses from the accident and request and video or photos they took of the scene. In a civil trial, the burden of proof lies on the plaintiff to prove that the defendant was negligent, so any extra voices that can corroborate are helpful.
Filing a Personal Injury Claim in California
According to California law, comparative negligence will be determined by neutral parties. Comparative negligence determines a percentage of fault by each party involved, equaling a total of 100%. If a plaintiff is found to be 20% responsible for the accident, they will be held responsible for 20% of damages.
In California, personal injury cases can be filed within two years from the date of discovery of the injury or damages. For DUI cases, though, plaintiffs have one year from discovery of DUI if it’s a misdemeanor and three years if it is a felony. Personal injury can still be pursued within two years, but the DUI portion of the case will likely not be admissible.
Failing to file the lawsuit within the statute of limitations, the court will likely refuse to hear the case and the victim will lose any chance of gaining compensation. This harsh measure stresses the importance of filing within California’s legal timeline.
In some DUI cases, the vendor or social host who provided the excessive amount of alcohol to the driver can be held partially responsible for any damages, displaying third-party negligence. However, California’s dram laws significantly limit the legal responsibility of bars, vendors, etc., stating that “is not the proximate cause of injuries resulting from intoxication, but rather the consumption of alcoholic beverages is the proximate cause of injuries inflicted upon another by an intoxicated person.” Third-party suppliers are likely not to be held responsible for a drunk driver’s actions unless the intoxicated person is under 21.
Working with a Personal Injury Attorney
Finding legal representation is vastly important when pursuing damages after a drunk driving accident. A personal injury attorney will have the expertise and experience to gracefully guide a victim through a confusing legal process. Also, being uninvolved in the accident, they’ll be able to take on some of the emotional and physical responsibility for the case, allowing the victim more time to heal both physically and emotionally.
When evaluating the legitimacy of a civil case, a personal injury attorney will look at the concept of negligence. Which occurs when an individual fails to prevent causing harm to others within reasonable social duty. The key elements involved in establishing negligence are duty of care (what is owed to the claimant by the defendant), breach of duty (failing to provide what is owed), direct causation (when the breach of duty directly causes injury), and damages that can be compensated.
In the case of a DUI accident, the duty of care comes from a driver’s duty to drive responsibly in a way that prevents harming others. The breach of duty occurs when an accident occurs, making driving unsafe for others. Direct causation must mean that if the driver had not been on the road that night, the accident would not have happened and the victim’s injuries would not have occurred. The damages, as stated before, include any economic or non-economic losses.
Once negligence is established, attorneys can gather comprehensive evidence to support the claim, including medical records, witness statements, and expert testimonies.
Furthermore, personal injury attorneys also have experience when dealing with insurance companies. They understand a victim’s rights when negotiating payments, timelines, and the responsibilities of both the victim and the insurance company. They will also put the victim first, rather than the payout that many insurance companies prioritize
Calculating Compensation in a Drunk Driving Accident Case
There are a variety of types of compensation available for victims of drunk driving accidents, including:
Medical Expenses
Medical expenses can include costs for emergency services, hospital stays, surgeries, medications, and ongoing treatments and rehabilitation.
Lost Wages and Earning Capacity
Lost wages cover payments lost due to the inability to work during recovery. Earning capacity takes this one step forward, looking beyond the time of legal actions and how much future work is lost as well as if the victim can no longer perform certain jobs they were able to before the accident. This often occurs when there are permanent or serious injuries or bodily traumas that are likely to persist for a long time.
Non-Economic Damages
Plaintiffs can make a case for receiving compensation for non-economic damages, such as emotional stress, but this is hard to quantify. Often, a jury will determine if non-economic damages are called for, and then determine the amount based on multiplying the economic damages on a scale of 1-5, looking at things such as how long the pain and suffering lasted and impacts on daily life.
Punitive Damages
Often DUI cases show malicious disregard for others’ rights to safety. A court or jury can determine if a plaintiff should receive punitive damages based on how negligent the defendant was in their actions, often asking things like if the defendant planned on getting drunk and if they had a safe way to return home. They’ll also look at the defendant’s history with drugs and alcohol, their DMV record, and other criminal history.
Legal Aid and Financial Assistance
Victims can apply for financial aid through The California Victim Compensation Board, which also provides resources for mental health counseling. There is also the Legal Aid Foundation of Los Angeles.
Settlement vs. Trial
In California, about nine out of 10 civil DUI cases settle out of court. This can be easier for both the victim and defendant as this can be done privately and on their terms. It also takes much less time than pursuing a civil trial. But sometimes not having the empathy of a jury can lead to lower payouts, and the plaintiff often cannot pursue any legal action against the defendant in the future, which can cause problems if medical issues arise long after the date of the settlement.
If a victim decides to pursue a civil trial after seeking an initial settlement, often it takes about four to six months for a trial date to be set depending on the court’s current caseload. During this time, attorneys on both sides gather evidence, witnesses, and expert testimonials. In the meantime, medical bills can pile up and, depending on the severity of lost wages, a victim can fall behind financially. But the trial itself usually lasts two to five days and the outcome is wholly determined by the jury and judge.
Things to consider when deciding whether or not to pursue a full civil trial include how much evidence is available to prove beyond a shadow of a doubt harmful negligence, the persuasiveness of that evidence, how quickly a victim needs compensation, and minimally how much compensation is needed to recover. There’s also the question of if a defendant is negotiating in good faith.
Talk to the Professionals About Your Drunk Driving Accident Case
For both the well-being of victims of drunk driving accidents and to hold those responsible for those accidents accountable, it’s imperative that victims seek compensation for the damages they suffer. Taking legal action and being aware of the legal actions one can take against drunk drivers may be enough to prevent future accidents. If you have been a victim of a drunk driving accident and believe you are eligible for compensation, please reach out to a personal injury attorney to start the legal process now. Contact Fiore Achermann to begin the process of holding drunk drivers accountable.
