January 9, 2025

HIT BY A DRUNK DRIVER IN CALIFORNIA: WHAT TO DO?

Everyone should be able to drive safely on public roads and not worry about dangerous drivers. Unfortunately, far too many Californians choose to drink and drive, thereby putting innocent people at risk daily.

California drunk driving accidents are still far too common. Alcohol-related auto accidents in California hurt 27,000 people and killed 1,300 in 2017 alone. If a hit-and-run drunk driver injured you, you should be compensated for your losses.

An experienced personal injury attorney can ensure that you are fairly compensated for your medical bills, lost earnings, mental anguish, and pain and suffering. You can speak to a personal injury lawyer in California today at Crown & Stone Law, P.C. if a drunk driver injured you.

Our principal, Avi E. Muhtar, received the Avvo Clients’ Choice Award for 2024 and always maximizes client compensation in personal injury claims and lawsuits. He understands the trauma and complexity of drunk driving accidents and their aftermath, and he looks forward to meeting you.

California DUI And DWI Laws

In California, drivers who drink, drive, and injure others face severe penalties for their reckless conduct. It’s illegal in the state to drive with a blood alcohol concentration (BAC) over .08%. A driver with a .08% or higher BAC can be convicted of DUI.

For drivers under 21, it’s illegal to drive with any amount of alcohol in their systems. So, if they are pulled over with a .001% BAC, they may face a DUI conviction.

All drivers must stay at the scene if they are in an accident. The drunk driver will face additional criminal penalties if they flee the scene.

A DUI conviction may result in a driver’s license suspension, jail time, and fines. Anyone injured by a drunk driver also may file a personal injury lawsuit against the defendant. Any civil trial and compensation awarded to a drunk driver is separate from any criminal charges that the drunk driver faces.

A driver convicted of a drunk driving charge may make obtaining compensation in your personal injury claim easier. However, the driver doesn’t necessarily have to be sentenced for you to win your civil case.

A drunk driving injury victim should always retain a seasoned personal injury attorney to maximize their compensation if they plan to file a personal injury claim against the defendant. Drunk driving accident victims are often saddled with devastating, expensive injuries. Only a tenacious personal injury attorney can squeeze the most money from the liable party and their insurance company.

What’s Different About A California Drunk Driving Accident?

Any auto accident can be harmful, but a hit-and-run drunk driving collision is frequently worse. Intoxicated drivers have compromised judgment, reaction time, and coordination, and the crash impact is often devastating to the other vehicle. Aspects that drunk driving accidents usually different are:

Severe injuries: Drunk drivers usually drive recklessly and wreak utter havoc on innocent drivers and pedestrians. You or a loved one may have shattered bones, brain injuries, spinal cord damage, and more.
Emotional and mental trauma: Being slammed into by a drunk driver at high speed is terrifying, and many accident victims suffer anxiety, depression, insomnia, and PTSD in the weeks and months after the accident.
Financial burdens: A severe drunk driving injury may leave you with massive medical bills, lost work time, and possibly permanently lost income from a debilitating injury.
Lowered life quality: Severe drunk driving injuries require extensive rehabilitation and recovery that disrupt your life. You could require help to dress, eat, use the toilet, and care for your daily needs.
Permanent disabilities: Some severe drunk driving crashes cause permanent injuries that permanently affect your ability to work, live, and enjoy life.

In terms of dollar costs, many drunk driving crashes are worse than conventional auto accidents. That’s why it’s vital to immediately call a skilled personal injury attorney to maximize your compensation. You need as much money as possible for your medical treatments, lost work time, property damages, etc.

Also, if the drunk driver flees the scene, having an attorney is even more important. It’s critical to find the driver so that you can file a claim on their policy.

What Should You Do If Hit By A Hit-And-Run Drunk Driver?

Every year, drunk driving accidents injure and kill innocent Californians. There are approximately 30 drunk driving accidents with deaths every day in the US. If a drunk driver hits you and flees, you’ll probably be extremely upset and confused. It’s essential to take the following actions to ensure the best outcome for your case:

Stay at the crash scene. You should wait for the police and first responders if a drunk driver hits you. It’s even more important to stay at the accident scene if it was a hit-and-run drunk driver. You still could have a civil case if it were a hit-and-run drunk driving accident.
Get immediate medical care. Receiving compensation in a lawsuit requires you to prove fault and that you have injuries and damages. You should obtain immediate medical care to ensure that your injuries are treated and documented promptly. Delays in medical treatment give the insurance company an opening to deny the claim.
Report the accident: Any severe accident, especially a drunk driving crash, should be reported. The police will take a report and may note that the responsible driver was intoxicated.
Collect evidence: If possible, take photos and video and obtain the contact information of accident witnesses.

Last, you should speak to a personal injury attorney about your case. Our drunk driving attorneys at Crown & Stone Law, P.C., know how to negotiate with insurance companies to obtain the most compensation for your accident.

In a hit-and-run drunk driving accident, the other driver may eventually be identified by the police. If so, your attorney can file a claim against the defendant. If they aren’t found, your lawyer may assist with filing a claim on your uninsured and underinsured driver coverage.

Who May Be Liable For A Hit-And Run Drunk Driving Accident?

A unique aspect of many drunk driving accident claims is that more than one defendant could be liable. Anyone injured in a California drunk driving accident needs every potential avenue for financial recovery for their losses.

A California personal injury attorney will ensure that every possible insurance policy available to compensate you is identified. While the drunk driver and their insurance company are probably liable for your losses, other parties could be partly to blame, such as:

Parents of a teen driver: Parents or guardians of a drunk teen driver who injured you could be personally liable for your losses.
Private party hosts: California’s Dram Shop law may allow you to hold a social host responsible if someone drank at their event and subsequently injured you.
Bars, restaurants, and nightclubs: You also may sue establishments that serve alcohol if one of their patrons injured you in a drunk driving crash.
Employers: Suppose a drunk driver was working at the time of the accident, such as a delivery driver. In that case, their employer could be vicariously liable for your injuries.

Our personal injury lawyers at Crown & Stone Law, P.C., will leave no stone unturned to find every potentially responsible party for the drunk driving accident that injured you.

How To Prove Fault In A California Drunk Driving Accident

Proving fault in a California drunk driving accident requires understanding key aspects of California law and gathering compelling evidence. When a car accident is caused by a DUI driver, demonstrating that the driver’s blood alcohol concentration exceeded the legal limit is crucial. Victims who are hit by a drunk driver can seek compensation for medical bills, lost wages, and even punitive damages if the driver acted with reckless disregard for the probable dangerous consequences of their actions. Evidence such as police reports, witness testimonies, and the condition of the motor vehicle involved can support a claim. California courts emphasize accountability for drunk drivers, ensuring victims have legal recourse under California law.

A drunk driver hit you, and it was clear by their behavior that they were intoxicated. But you still need to prove it to receive compensation in a lawsuit. How do you confirm that the other driver was drunk and injured you in an accident? By providing robust and convincing evidence.

Your personal injury attorney will review all evidence and assemble your case to prove that the other party was intoxicated, violated their duty of care, and injured you. Typical evidence that may be used to prove fault in a drunk driving crash is:

A post-accident police report states that the driver who caused the accident was under the influence of alcohol or drugs.
A breath or blood test confirmed the other driver had a BAC of .08% or higher.
Video or photographic evidence showing open alcohol containers in the other party’s car.
Eyewitness testimony stated that the other driver caused the crash and appeared to be intoxicated, such as slurred speech, bloodshot eyes, or smelled of alcohol.

Your attorney may use other critical evidence to prove that the other driver was intoxicated. Speak to an experienced California personal injury attorney for free today about your case for more information.

Compensation Available In A Drunk Driving Accident

Sadly, drunk driving victims often face severe injuries and losses. The severity of the injuries and damages usually warrants significant compensation. Your California drunk driving lawyer will fight hard for as much compensation for you as possible, possibly including:

Current and future medical expenses. You may be entitled to money for future medical care, such as hospitalization, surgery, rehabilitation, etc.
Lost income. You should receive payment for any lost work related to the drunk driving accident and treatment. Also, you may be entitled to lost future income and lost income earning ability for a severe injury.
Pain and suffering. Compensation may be awarded for pain and suffering related to your injuries and treatments.
Disfigurement and scarring. Some severe injuries, such as burns or amputation injuries, may involve disfigurement and scarring that is compensable.
Wrongful death: You also may be entitled to compensation if a drunk driver killed your young one.

Hopefully, the police, with the help of your attorney, will locate the drunk driver, then you can hold them accountable. Drunk driving accident compensation should pay you for every loss you suffered. An incredibly reckless drunk driver may also be required to pay punitive damages to you. These damages are intended to punish the defendant for disregarding others’ safety.

What Is A Drunk Driving Accident Claim Worth?

All drunk driving accidents are unique in their injuries and circumstances. So, no recovery or settlement is the same, and insurance companies value claims differently. That said, there are common factors that are often considered by liable insurance companies when negotiating a drunk driving settlement:

The extent of your drunk driving accident injuries. For example, if you have a head injury, the value of your case will be much higher than if you simply sprained your wrist.
Whether you have permanent injuries, a head or spinal cord injury is usually permanent or long-term, which will increase the case value.
The force of the drunk driving crash. A high-speed accident will lead to more injuries and property damage.
The duration of your medical treatments. Someone with a severe injury may require months or years of treatment. On the other hand, a broken arm may heal fully within two or three months. Also, your case value will increase if extensive hospitalizations and surgeries occur.
How intoxicated the driver was. An extremely intoxicated driver may have to pay punitive damages to you and your economic and non-economic losses.
The amount of insurance available. Many California drivers only carry minimal insurance, so your damages could be more than the policy covers. However, your attorney will ensure that every potential avenue of compensation is considered. Someone with considerable assets also could be sued for the rest of the damages that insurance doesn’t cover.

A seasoned personal injury attorney will negotiate for the most money possible based on your injuries and other case factors.

Contact A California Personal Injury Attorney Today

Being severely injured in a hit-and-run drunk driving crash is disastrous. You may have overwhelming injuries, be out of work, and feel hopeless. However, you have legal options when another driver’s negligence caused the accident. You may be entitled to compensation for your losses in a personal injury lawsuit.

Contact your lawyer in California at Crown & Stone Law, P.C. today. Our personal injury attorneys have an impressive record of settlements and favorable jury verdicts for our many satisfied clients. A contingency agreement compensates our attorneys, so you pay no out-of-pocket costs.

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