How To Claim For Damages From A Drunk Driver

Driving under the influence can lead to serious accidents. Unfortunately, some of the victims injured in such scenarios don’t have accurate information to steer their case to receive the compensation they deserve.

If you have been injured in a car accident and believe the other driver was under the influence of drugs or alcohol, you can file a personal injury claim.

Thanks to California which is a fault state where you have a right to put financial responsibility on the drunk driver.

California Laws On Drunk Driving

In California, anyone caught driving under the influence of alcohol may be held liable if only he/she is confirmed to be substantively impaired by the alcohol. Meaning, their blood alcohol concentration (BAC) is 0.08% or more. If a drunk driver led to your car accident, you could prove that:

• Their BAC concentration was 0.08% or more

• They were under 21 years of age, and their BAC level was 0.01 or more.

No driver is allowed to operate a vehicle when their BAC concentration is 0.08% or more. It becomes worse when such a driver causes an accident leading to injuries and property damage. Such a driver may face fines, penalties, and other tough convictions meant to deter them from repeating the same mistake to protect the public interest.

However, when it comes to being harmed by such a driver due to negligence, you will need to take civil action to recover your damages. But one way to recover for your damages would be to sue such a driver. To recover for your damages fully, the best way would be to seek help from Bakersfield car accident lawyers who can advise you on whether to settle or seek court judgment.

Do I Settle Or File A Lawsuit?

Many drunk driving accident victims wonder what legal process would be swift to recover damages. An experienced car accident lawyer can tell you that for alcohol-related cases, the best action would be to negotiate for a settlement with an insurance company.

One way this would suffice for your case is because of the California auto insurance laws. The insurance company will be financially responsible for a car accident caused by a policyholder. In such a case, you can choose any of the below ways to get compensated for your injuries:

• File a claim under your own insurance company.

• File a third-party claim against the drunk driver insurance coverage.

If you find yourself between a rock and a hard place during negotiations, the next best option would be to file a personal injury claim against the drunk driver. With this, you can be assured that you’re more likely to get what is stated in your demand letter.

One reason is that no insurance company would want to argue out a drunk driving case in court. The judge or jury will be inclined to award a greater compensation for the issue of drunk driving.   If you have been hit by a drunk driver, damages to recover include:

• Medical bills: These may include payment for ongoing or any future medical treatment cost until you reach Maximum Medical Improvement (MMI).

• Lost wages: If you’re unable to work due to the accident disruptions, you may be eligible to get lost wages. You can also get damages for future lost earnings where such injuries may take time to recover.

• Property damage to your car or any other property damages in your car at the time of the accident, such as laptops, watch, etc.

• Pain and suffering: If the extent of your injuries is severe enough to cause you emotional distress or mental anguish, you may receive pain and suffering damages.

Who May Be Held Liable For Damages

The person who causes an accident due to negligence is liable for injuries and damages. This may include:

• The driver responsible.

• The employer. If the driver was an employee working within the scope of employment, the employer could be held liable for the employee’s actions.  As such, your lawyer can apply the legal doctrine “Respondeat superior” to get you the compensation you deserve.

To sue for damages, you need to be aware of the statute of limitations for car accidents in California. There is a two-year deadline for filing a personal injury claim for injuries suffered.  For your property damages, you have a period of three years to file your claim against the drunk driver.

Where such injuries may have resulted in the death of a loved one, you can file a wrongful death claim. Filing a wrongful death claim is also subjected to a two-year limitation. But there is an exception. If the death was after the injury, may be the victim succumbed to death months after the accident, time would start when the victim dies instead of the exact car accident date.

If you were injured by a drunk driver car accident, or your loved one succumbed to death after such an accident, you may consider having a lawyer to guide you to file a claim for your financial recovery.