What to Do If You're Hit by a Drunk Driver in California
Being involved in a car accident is stressful enough, but if you suspect the other driver is under the influence of alcohol or drugs, it's crucial to know how to protect yourself and your legal rights. Taking the right steps immediately after the accident can significantly strengthen your claim against the intoxicated driver.
The Reality of Drunk Driving in California
Unfortunately, drunk driving remains a significant threat on California roads. According to the California Office of Traffic Safety, 1,370 people lost their lives in alcohol-related crashes in 2021, marking a 16% increase from the previous year. To put that in perspective, nearly one-third (32%) of all traffic fatalities in California involve drunk driving.
Essential Steps After an Accident with an Impaired Driver
Safety First: As soon as the accident occurs, pull over safely and assess yourself for injuries. If you're injured, seek immediate medical attention. Remember, never admit fault at the scene.
Exchange Information: Swap contact and insurance details with the other driver.
Report to the Police: In California, you're legally required to report accidents involving injuries, fatalities, or property damage exceeding $1,000. It's also vital to report any accident where you suspect the other driver is impaired. A police report can serve as crucial evidence, including the results of breathalyzer or field sobriety tests. Make sure to get the police report number for future reference.
Document the Scene: Take photos of all vehicles involved, any physical evidence like road markings or signs, and note down the contact information of any witnesses.
Consult an Attorney: Before filing an insurance claim, it's wise to consult with an attorney to understand your rights fully.
Understanding California's "At-Fault" System
Unlike "no-fault" states, California operates under an "at-fault" system. This means the driver responsible for the accident is liable for the resulting damages and injuries. In cases involving drunk driving, the intoxicated driver can be held liable, but you'll need to prove their fault.
Proving Your Case
Surprisingly, you don't necessarily have to prove the driver was intoxicated to win your claim. In Los Angeles, injury attorneys emphasize that demonstrating the other driver's careless or reckless actions caused the accident is sufficient. This could involve proving a traffic violation, such as speeding or running a red light.
When filing a claim with the intoxicated driver's insurance company, you'll need to provide evidence of fault. A police report, and any arrest or conviction records related to DUI, can be valuable. However, remember that proving intoxication is not always essential for a successful claim.
When to Seek Legal Counsel
Accidents involving impaired drivers often result in severe injuries. If you've been injured in such an accident, hiring an experienced car accident attorney is highly recommended. They can help you secure the compensation you deserve for your injuries.
A skilled lawyer can investigate the accident, gather evidence, and explore additional avenues for compensation, such as a "dram shop" claim against an establishment that served alcohol to the intoxicated driver.
Free Consultation
If you've been involved in a car accident with an impaired driver in Los Angeles, don't hesitate to contact the Law Office of Arta Wildeboer in Downey for a free consultation (562) 608-8887. Their knowledgeable attorneys can provide the guidance you need.
