The Holiday Spike in Drunk Driving Accidents
The holidays are fast approaching, which means getting together to celebrate with friends and family. Between now and the New Year, your schedule is probably crowded with various holiday events – family parties, office parties, school parties, concerts, and dinners, just to name a few. And you can be certain that alcohol will be served at many of these events.
According to the NHTSA’s most recent study, more than 10,000 people were killed in drunk driving accidents in 2016. 781 people were killed in December alone.
If you or a loved one has been injured in an accident caused by a drunk driver, contact a Tustin car accident lawyer to take steps to protect your health and your future.
Driving While Intoxicated is Negligence
In any case involving a car accident, the injured victim has to prove that the other driver was somehow negligent. While negligence can sometimes be difficult to prove in a typical car accident case, drunk driving cases are more straightforward – the law deems drunk driving negligent in almost every case. The only obvious exception would be if a driver was involuntarily intoxicated, and these cases are exceedingly rare.
For this reason, you should always call the police if you’ve been in an accident. If the police suspect the driver has been drinking, they will administer field sobriety and breathalyzer tests. The results will be recorded in the accident report, which will help you make your case if you need to pursue a personal injury claim.
Understand the Relationship Between a Criminal Case and a Civil Claim
If the other driver is intoxicated, he or she will very likely be facing DUI charges. The drunk driver will probably go to jail, have his or her car impounded, and face prosecution. However, it’s important to understand what this means for your case if you’ve been injured.
First, you need to be aware that the criminal case will not likely include any compensation for your injuries or other losses. Even if the driver is found guilty, you will still have to file a civil lawsuit in order to receive compensation.
Second, you may still prevail in a civil lawsuit even if the criminal case does not result in a conviction. Criminal cases are tried under a higher evidentiary standard than civil cases, and so the DUI case may be harder to prove than proving that the driver was negligent.
Third, even if the driver isn’t charged with DUI, you can still use the results from his sobriety tests as proof of negligence. Even if he or she was legally able to drive, the alcohol in his bloodstream may have been a contributing factor in causing the accident.
Contact a Tustin California Personal Injury Attorney Today to Schedule a Free Consultation
If you or a loved one has been injured in a car accident caused by someone driving while under the influence, we strongly recommend that you at least talk with a personal injury attorney. An experienced lawyer can help you sort through the issues and give you advice for moving forward.
Attorney Gary E. Peterson works with Californians who have been injured by drunk drivers to get them the compensation they deserve. With over 14 years of experience, he knows what a difficult time this can be, and he helps his clients put their lives back together. Call us at 714-461-6003 or contact us online to schedule a free case evaluation.