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In this article, you will discover:

  • When an intoxicated driver is liable for your accident
  • Common injuries caused by drunk drivers
  • Who is liable in a car accident with at fault drunk driver
  • How drunk driver accidents differ from normal accidents
  • If you can file a wrongful death claim against a drunk driver

Just because somebody is drunk does not automatically mean that they are at fault for the accident. The facts of the case are what are will determine who is liable for the injuries based on who is at fault. For example, If you rear-end a drunk driver who is stopped at a red light, that does not make them at fault because they are following the law as far as stopping at a red light.

What Are Some Of The Common Injuries That You See In Accidents Caused By Drunk Drivers In California?

Generally, the injuries we see in those accidents are similar to what we see in all other accidents. Whiplash in rear end accidents, neck strains and sprains and back strains and sprains are common. Often, there will be more broken bones or bigger injuries in drunk driving accidents. A lot of drunk driving accidents, we see red lights run or stop signs missed and because of this the impacts are usually between two cars travelling at much higher speeds than the majority of accidents, and because of this the forces are much stronger.

Who Is Potentially Liable In A Car Accident With Injury Where The At Fault Driver Was Legally Under The Influence?

The driver of the vehicle would be liable for the injuries, as well as the owner of the vehicle that the at-fault driver was in. In California, the way insurance works in auto accidents is the owner of the vehicle is primary, and the driver of the vehicle is secondary. This means that the insurance company of the vehicle owner is the first to pay and then to the driver’s insurance company second, if the owner’s insurance was invalid or if the policy was not enough to cover the value of the claim. If neither of those policies is enough to cover the value of the claim and injuries, then the third possibility is to use the uninsured motorist coverage for the injured party. Uninsured motorist coverage also includes underinsured motorist coverage and it is one of the most important coverages you can carry.

What Makes These Drunk Driving Accidents Different From Normal Car Accidents And Why Do I Need A Personal Injury Attorney Who Has That Specific Experience With These Types Of Situations?

Drunk driving accidents are different from normal accidents because they generally have larger impacts and bigger injuries, due to slower reaction times or inattentiveness while driving. Also we see a lot of red lights run and stop signs run by drunk drivers so the impacts are larger with two cars travelling faster speeds than the majority of accidents. If you hire a lawyer, they might advise you to wait until the drunk driver has gone to court for their driving under the influence case. If they are convicted, then you will be able to seek punitive damages in a lawsuit and it gives more leverage when trying to settle your case.

Can I File A Wrongful Death Claim Against A Drunk Driver Who Caused An Accident That Killed My Loved One?

Yes, you are able to file a wrongful death claim against the drunk driver who causes an accident, killing a loved one. Wrongful death is the legal cause of action against someone for bringing about the death of a person through a wrongful act or negligence. The decedents of the person (any living relatives, their surviving children, spouse, or parents) can assert a wrongful death claim.

For more information on Drunk Driving Cases In California, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (562) 694-3821 today.

Holland & Holland Law Offices

Call For A Free Consultation
(562) 694-3821