If you were involved in a car accident caused by a driver under the influence, you may be wondering, “Can I file a car accident claim if the other driver was under the influence?” In California, driving under the influence (DUI) is a serious offense, and drivers who cause accidents while intoxicated can be held both criminally and civilly liable for the damages they cause. The Car/Auto Accident Attorney Redding CA team can help you file a claim and recover compensation for your injuries, property damage, and other losses.
Filing a Car Accident Claim Against a Driver Under the Influence
If you were hit by a driver who was under the influence, you have the right to file a personal injury claim or property damage claim against the at-fault driver. Filing a claim allows you to recover compensation for your medical bills, lost wages, pain and suffering, and other damages resulting from the accident.
1. Establishing Fault in a DUI Accident
In California, drivers who cause an accident while under the influence of alcohol or drugs are typically considered to be at fault. If the police report or other evidence shows that the driver was intoxicated at the time of the accident, this can serve as strong evidence of negligence. In some cases, the driver may be charged with DUI, which can further support your claim.
2. Filing a Personal Injury Claim
When you file a personal injury claim against the at-fault driver, you are seeking compensation for the injuries you sustained in the accident. This may include compensation for:
- Medical bills and future medical care
- Lost wages and loss of earning capacity
- Pain and suffering
- Emotional distress
3. Filing a Property Damage Claim
If your vehicle or other property was damaged in the accident, you can also file a property damage claim to recover the cost of repairs or replacement. This may be covered by the at-fault driver’s liability insurance or your own insurance policy, depending on the circumstances of the accident.
Seeking Compensation After a DUI Accident
There are several types of compensation you may be entitled to after an accident caused by a driver under the influence. Understanding the types of damages available can help ensure that you receive fair compensation for all of your losses.
1. Economic Damages
Economic damages refer to the tangible financial losses you’ve suffered as a result of the accident. This includes:
- Medical expenses: The cost of emergency care, surgeries, hospital stays, rehabilitation, and ongoing treatments.
- Lost wages: Compensation for time missed from work due to the accident, including future lost wages if your injuries affect your ability to return to work.
- Property damage: The cost of repairing or replacing your vehicle or any other property damaged in the accident.
2. Non-Economic Damages
In addition to economic damages, you may also be entitled to non-economic damages. These damages are more difficult to quantify but are intended to compensate you for the emotional and physical impact of the accident. Non-economic damages may include:
- Pain and suffering: Compensation for the physical pain and discomfort caused by your injuries.
- Emotional distress: Compensation for the mental and emotional toll the accident has taken on you, such as anxiety, depression, or post-traumatic stress.
- Loss of enjoyment of life: If your injuries prevent you from participating in activities you once enjoyed, you may be entitled to compensation for this loss.
3. Punitive Damages
In cases where the at-fault driver was under the influence, you may also be eligible for punitive damages. These are intended to punish the driver for their reckless behavior and deter others from engaging in similar conduct. Punitive damages are typically awarded in addition to compensatory damages and are more common in DUI cases due to the driver’s willful negligence.
Can You File a Claim if the Driver Faces Criminal Charges?
It’s important to understand that a civil claim for compensation is separate from any criminal charges the at-fault driver may face. Even if the driver is charged with DUI and faces criminal penalties, you can still file a personal injury or property damage claim against them to recover your losses.
1. Criminal vs. Civil Cases
A criminal case is brought by the state to penalize the driver for violating the law, while a civil case is filed by the injured party (you) to recover compensation. Even if the driver is convicted of DUI, the criminal court will not award you compensation for your damages—that must be pursued through a civil claim.
2. Using a DUI Conviction as Evidence
If the at-fault driver is convicted of DUI, this conviction can be used as evidence in your civil claim to help establish negligence. The conviction shows that the driver was acting recklessly and was responsible for the accident, which can strengthen your case and make it easier to recover compensation.
How a Lawyer Can Help You File a Claim After a DUI Accident
Navigating the legal process after a DUI accident can be complicated, especially if the driver faces criminal charges in addition to your civil claim. Working with an experienced lawyer can help ensure that your rights are protected and that you receive the compensation you deserve.
1. Investigating the Accident
A lawyer can help investigate the details of the accident, gather evidence, and build a strong case against the at-fault driver. This includes obtaining police reports, medical records, and witness statements to support your claim.
2. Negotiating with Insurance Companies
Insurance companies often try to minimize payouts, especially in cases involving a driver under the influence. A lawyer can negotiate with the insurance company on your behalf to ensure that you receive fair compensation for your injuries and property damage.
3. Filing a Lawsuit if Necessary
If the insurance company refuses to offer a fair settlement, your lawyer can file a lawsuit on your behalf and represent you in court. Filing a lawsuit may be necessary to recover the full amount of compensation you’re entitled to.
Protecting Your Rights After an Accident Involving a DUI
Understanding whether you can file a car accident claim if the other driver was under the influence is crucial to recovering the compensation you deserve. DUI accidents often result in serious injuries and property damage, and it’s important to hold the at-fault driver accountable for their reckless actions. If you’ve been involved in a DUI-related accident, the team at Cibula Law can help you navigate the legal process and secure the compensation you need to move forward.
To discuss your case and explore your legal options, contact us today to schedule a consultation.
