Posted on Monday, March 27th, 2017 at 1:11 am
CBS Sacramento reported on a hit and run accident last week that claimed the life of an 11-year-old boy. The accident happened near West Hatch Road and South Carpenter Road. According to the news report, police responded to a report of a crash just after 11 p.m. on Monday night. A Toyota sedan traveling east on Hatch Road was struck by a Dodge sedan traveling north on Carpenter Road.
The driver of the Dodge left the scene of the accident but was later arrested at his home. He was transported to the hospital before being taken to the Stanislaus County Jail. The 31-year-old Modesto resident is facing criminal charges related to the accident, including driving under the influence causing serious bodily injury or death, felony hit-and-run, and murder.
An 11-year-old boy riding in the Toyota was killed in the crash. The driver of the Toyota had minor injuries, but two other passengers were transported to the hospital with major injuries.
Damages in a DUI Accident
When a car accident involves a drunk driver, many people assume that the drunk driver is automatically liable for all damages in the car accident. However, the criminal charges a drunk driver faces are different from the civil causes of action accident victims may have against the driver for injuries sustained in the crash.
A driver who is under the influence of alcohol may be guilty of a crime, but he may not have caused the accident (it may be rare, but it can happen). Therefore, an accident victim must still prove that the drunk driver caused the accident that resulted in the victim’s injuries.
In other words, you must prove the same elements in a DUI accident case that you must prove in any other car accident case. A DUI conviction may be part of the evidence used to prove fault, but it is not the only evidence needed to prove fault. An experienced Sacramento DUI accident attorney understands the elements you must prove to recover compensation from a drunk driver.
Once you prove that the drunk driver caused the accident and you were injured because of the accident, you can recover compensation from the driver’s insurance company. Damages in a DUI accident case may include:
- Past, present, and future medical expenses and the cost of personal care
- Past, present, and future lost wages, including a loss of earning capacity
- Property damage
- Emotional suffering, physical pain, and mental anguish
- Scarring, permanent disabilities, and disfigurement
- Funeral costs, cremation expenses, and burial costs in the event of a wrongful death
- Loss of enjoyment of life
- Other out-of-pocket expenses related to your injuries
The types of damages and the amount of compensation depend on the facts and circumstances of your case.
Call a Sacramento DUI Accident Attorney for More Information
If you have been injured in a car accident with a drunk driver, call our Sacramento DUI accident attorney for a free appointment. You can reach the Tiemann Law Firm by telephone at (916) 999-9000. Our personal injury law firm serves clients in Sacramento, Folsom, Roseville, El Dorado Hills and other communities in the greater Sacramento area.
Source: “Boy, 11, Killed In Hit-And-Run Crash In Modesto; Man Arrested, DUI Suspected” CBS Sacramento, March 14, 2017