Hit by a Drunk Driver

There aren't many things more devastating than being in a car accident caused by a drunk driver.  Drunk driving or driving under the influence occurs when someone operates a motor vehicle while his or her blood alcohol content (BAC) is above the legal limit. 

The blood alcohol limit for California is set at .01% (zero tolerance) for those under 21, .04% for drivers of commercial vehicles, and .08% for all other drivers.  To put this amount in perspective, a typical 120 lb. woman cannot consume two drinks over an hour and drive without being over the legal limit. 

Unfortunately, the statistics for drunk driving accidents are staggering.  This year, 10,839 people will die in drunk-driving car accidents - one every 50 minutes.  Every minute, one person is injured from an alcohol-related car crash.  Car accidents are the leading cause of death for teens and one out of three of those accidents are alcohol related.  An average drunk driver has driven drunk 80 times before his or her first arrest.  For more statistics see www.madd.org/statistics/

To win a car accident lawsuit you must prove negligence, or the failure to take proper care in doing something, and that this negligence caused the resulting injury. California state law has designated a top cap on the amount of financial damages that be obtained from an insurance claim unless it can be proven that the negligent drier is also criminally responsible. What this means for the victim is that they must have an attorney who aggressively and actively pursues criminal charges in conjunction with the prosecutor.

Once hit by a drunk driver, a victim should proceed as with any other car accident. The tasks of talking with witnesses and noting all evidence as well as calling the police and taking pictures are not only important but simply imperative. Drunk driving is a serious offense that causes deaths and injuries year after year. Properly documenting the accident before you ever leave the scene is vitally important to winning a case against a drunk driver.

California drunk driving accident victims are also entitled to punitive damages in the state. There are instances where employers or employees who’ve served alcohol to excess can be held partially responsible for a drunk driving accident. It is especially probable to receive punitive damages from an employer if the drunk driver is a minor or was obviously drunk in the establishment.

Drunk driving can occur at any time. In the case of Confidential v. Confidential, Santa Clara County Superior Court, a person under employment and in the course of their duty did hit and kill a twenty one year old female driver.

If you or a loved one has been injured in an accident and you suspect the other driver is over the legal alcohol limit, you should call the police immediately.  Have the police officer conduct a breathalyzer test on the suspected driver and if the BAC comes back higher than the legal limit (see above for percentages) then you have a solid case.  

If you or a loved one has been involved in a drunk driving car accident, call Sacramento car accident attorney, Moseley Collins.  There is no fee to start and no cost to you unless we win.