HOW IS LIABILITY ESTABLISHED IN A DUI ACCIDENT CASE IN CALIFORNIA?
Posted on Thursday, December 26th, 2019 at 10:29 pm
If you are injured in a California DUI accident, you may wonder how you prove that the drunk driver is liable for your injuries and damages. Proving liability in a DUI accident may not be as easy as you assume. Even if the driver is convicted of a drunk driving charge, you must prove that the driver caused the car crash that resulted in your injuries. Proof of intoxication is not the same as proof of liability for a car accident. Our Sacramento DUI accident attorneys understand the legal elements of liability and how to investigate a DUI crash to obtain evidence of fault and liability.
Proving Fault and Liability in a DUI Accident
When we investigate a DUI accident, we want to determine how the crash occurred and who was responsible for the factors that led to the cause of the crash. For instance, if a car crash is caused by a driver turning left in front of another driver, we must determine which driver had the right of way to determine liability for the collision. In a drunk driving accident, the process is the same.
The basic elements of a negligence case typically apply in a drunk driving accident. Those elements are:
- Duty — All drivers owe a duty of care to others to operate their motor vehicles safely.
- Breach of Duty — A driver who operates a motor vehicle while intoxicated is typically assumed to have breached the duty of care. However, we must also prove that the driver failed to operate the motor vehicle safely. In other words, what did the driver specifically do to cause the crash? While being drunk increases the risk of a collision, a drunk driver could potentially be the victim of a car crash.
- Causation — The crash must have resulted in your injuries. If you were not injured, you do not have a claim.
- Damages — You must have sustained damages as a result of the car accident. You can only recover compensation for damages incurred because of the DUI accident.
Our legal team conducts a thorough investigation, which may include retaining experts to assist us in proving that the drunk driver was responsible for causing the crash that resulted in your injuries.
Damages in a DUI Accident Case
DUI accidents can result in traumatic injuries and life-threatening conditions. Many victims sustained significant financial losses, in addition to their physical, emotional, and mental pain and suffering. Medical expenses and loss of income from a drunk driving accident claim can total hundreds of thousands of dollars, especially in cases involving permanent impairments and disabilities.
Our legal team works with you and your doctors to document your injuries, expenses, and losses. If you sustained a permanent disability, we might also work with medical experts and financial experts to calculate your future damages accurately.
Contact a Sacramento DUI Accident Attorney for Help
If a drunk driver injures you, you need an experienced legal team on your side to fight for full compensation for all damages.
Contact The Tiemann Law Firm at (916) 999-9000 or by visiting our website to schedule a free consultation with a Sacramento drunk driving accident lawyer.