Drunk driving accidents can have serious and lasting consequences for victims and their families. California law forbids driving while under the influence of alcohol and usually prohibits driving with a blood alcohol concentration (BAC) of 0.08% or higher. This is due to the fact that alcohol can severely influence how an individual acts, especially in situations where a quick response is needed. As a result, it is important to understand the dangers of drunk driving accidents and the necessary steps to take after a vehicle collision.
Drunk Driving Accidents: An Overview
Alcohol can affect judgment, reaction time, coordination, and a driver's overall ability to respond to changing road conditions. Impaired driving may contribute to the following.
- Rear-end collisions
- Intersection crashes
- Head-on accidents
- Pedestrian accidents
- Other serious collisions
Following a supposed drunk driving collision, law enforcement may investigate whether alcohol or drugs contributed to the crash. Officers may do the following.
- Conduct field sobriety testing
- Chemical testing
- Interview witnesses
- Review available video footage
- Prepare an accident report
Evidence gathered during the investigation may also become relevant to a victim's civil claim.
Types of Compensation
The damages available after a drunk driving accident depend on the circumstances of the collision, the nature and extent of the injuries, available insurance coverage, and other factors. Depending on the case, recoverable damages may include, but are not limited to, the following.
- Medical expenses related to accident injuries
- Future medical treatment when supported by the evidence
- Lost income and certain loss of earning capacity
- Property damage
- Pain and suffering
- Emotional distress
- Other accident-related economic and non-economic losses
In addition, California law recognizes economic damages such as the following.
- Medical expenses
- Lost earnings
- Property-related losses
Non-economic damages that may include the following.
- Pain and suffering
- Inconvenience
- Emotional distress
Who is Liable for Injuries and Damage?
The impaired driver may be a primary party investigated for liability, but some accidents involve additional individuals or entities. For example, questions may arise regarding the ownership of the vehicle, whether the driver was working at the time of the accident, or whether another party's conduct contributed to the collision. Determining potential responsibility can require reviewing the following.
- Police reports
- Insurance information
- Witness statements
- Photographs and videos
- Employment information
- Other forms of available evidence and documentation
The Necessary Steps to Take after A Drunk Driving Accident
Safety and medical needs should usually come first after a serious collision. Victims should seek appropriate medical attention for their injuries and contact law enforcement when necessary. When circumstances allow, it may also be helpful to preserve information relating to the accident. This can include photographs and videos of the vehicles and accident scene, witness contact information, insurance information, medical records, receipts, and correspondence with insurance companies. Victims should also consider keeping records of accident-related expenses and documenting how their injuries affect their daily activities.
Since important evidence may become more difficult to obtain over time, preserving available information soon after an accident can be useful when evaluating a potential claim.
Fatal Drunk Driving Accidents
When a drunk driving accident results in death, certain surviving family members may have rights under California's wrongful death laws. A wrongful death claim may involve the following.
- Damages associated with financial support
- Funeral and burial expenses
- Loss of the deceased individual’s companionship and other legally recognized losses
The availability of a wrongful death claim will depend on California law and the family's specific circumstances.
Legal Support
Obtaining legal guidance and support after suffering from the consequences of a drunk driving accident may be extremely important for the recovery process. A legal professional may be able to provide you with the necessary support needed to proceed with your personal injury claims. This is crucial as the time after a serious accident may be very challenging.
The Legal Team at KAASS LAW
KAASS LAW assists individuals with personal injury matters, including claims occurring from motor vehicle accidents. The qualified personal injury attorneys at KAASS LAW are determined to support victims who have suffered injuries after a drunk driving accident. Our legal team understands the serious legal and insurance challenges that may follow a vehicle collision and are here to help. Our team may review the specific facts of your case, speak to insurance companies on your behalf, and support you through every step of the legal process. If you or someone you love has been involved in a drunk driving accident, you are not alone. The outcome of any legal matter depends on its individual facts, applicable law, available evidence, insurance coverage, and other circumstances. Call the KAASS LAW team today for a confidential consultation and to learn more about your rights and available legal options moving forward.