Car Crash Lawyer Assisting Victims in Los Angeles

Seeking Compensation for Injuries Sustained in a Drunk Driving Accident

Victims of drunk driving accidents may ask for restitution in a criminal case or pursue damages in a civil lawsuit. Restitution is money that the court orders a criminal defendant to pay as part of his or her sentence. In some situations, victims pursue a civil case if they do not receive the full scope of restitution that they requested in the criminal case. A criminal conviction can help your case, but you can pursue a civil lawsuit for damages even if the criminal case is dismissed. While a criminal drunk driving charge must be proved beyond a reasonable doubt, the more relaxed evidentiary standard of preponderance of the evidence applies to civil cases.

Usually, you need to establish a drunk driver’s negligence to recover damages after a car accident. You will need to prove duty, breach of duty, causation, and damages. The police report, lab tests, and other evidence related to the driver’s intoxication may be used to prove breach of duty. In some cases, the doctrine of negligence per se will apply. Under this doctrine, a violation of a safety law that causes an injury of a type the law was intended to prevent is negligence as a matter of law. This means the primary issue of the lawsuit will probably be establishing damages, rather than proving liability.

If you establish liability, you can potentially recover both compensatory and punitive damages from a drunk driver. Compensatory damages may be both economic and noneconomic losses, such as medical expenses, lost wages, loss of enjoyment, mental anguish, and pain and suffering. Other damages may be available for eligible family members if the drunk driving accident resulted in a wrongful death.

Punitive damages, also known as exemplary damages, are damages intended to punish the defendant and deter future similar conduct. While punitive damages are not usually available in car accident cases, they may be available in DUI accident cases because of the egregiousness of drunk driving.

Moreover, anyone who sells alcohol to an obviously intoxicated minor may be held liable in a lawsuit. Adults who knowingly provide alcoholic beverages to people under age 21 also may be held liable for injuries caused to or by a drunk driving minor.

Retain a Los Angeles Attorney for a Drunk Driving Accident Case