You’re driving home from work, stopped at a red light, when suddenly – CRASH! A drunk driver rear-ends you at high speed, causing serious injuries. As you begin to process what happened, questions race through your mind:
How will I pay my medical bills? What about the damage to my car? Can I hold the drunk driver accountable for putting my life at risk? What are my legal rights?
If you or a loved one has been injured by a drunk driver in San Diego, you have the right to take legal action and pursue compensation. At DP Injury Attorneys, we’ve helped countless victims navigate this difficult situation. Here’s what you need to know.
Under California law, driving under the influence of alcohol or drugs is illegal. According to Vehicle Code Section 23152, it is unlawful for a person who is under the influence of any alcoholic beverage to drive a vehicle. Violators face criminal penalties.
However, drunk driving is also considered an act of negligence. California Civil Code Section 1714 states that everyone is responsible for an injury occasioned to another by their want of ordinary care or skill in the management of their property or person. This means drunk drivers can be held civilly liable for injuries and damages they cause.
Injured victims have the right to file a personal injury lawsuit against the drunk driver to seek compensation for:
In some cases, punitive damages may also be awarded to punish the drunk driver’s egregious conduct and deter others from engaging in similar behavior. The California Supreme Court affirmed punitive damages for unintentional torts where the defendant’s conduct constitutes a conscious disregard of the safety of others in cases like Grimshaw v. Ford Motor Co. (1981) 119 Cal.App.3d 757.
To prevail in a personal injury lawsuit against a drunk driver, you must prove the elements of negligence:
Evidence that can help prove drunk driving liability includes:
An experienced personal injury attorney can help gather and present the evidence needed to build a strong case against the drunk driver.
Even if the drunk driver doesn’t have sufficient insurance coverage, you may still have options for financial recovery, such as:
Your car accident lawyer can identify all potential sources of compensation and develop a strategy for maximizing your recovery.
The aftermath of a drunk driving crash is chaotic and overwhelming, but the steps you take can impact your health, well-being, and legal rights. After an accident:
Remember, evidence can disappear and memories can fade quickly after a crash. The sooner you involve an attorney, the better they can protect your rights and interests.
At DP Injury Attorneys, we believe there is no excuse for drunk driving. We’ve seen firsthand the devastating injuries and losses these reckless acts cause innocent people in our community. That’s why we fight tenaciously to hold drunk drivers accountable and secure the justice and compensation injured victims deserve.
As accomplished California trial attorneys, we have the skills, experience, and resources to take on the toughest drunk driving cases. We’ve recovered millions of dollars for clients, including a $30 million settlement for a drunk driving accident victim.
If you’ve been hurt by an intoxicated driver, don’t let the insurance company push you around or pressure you into accepting less than you deserve. Contact our San Diego personal injury law firm today for a free consultation. We’ll review your case, explain your rights, and discuss how we can help you move forward on the path to recovery.
Arthur Paul D’Egidio is the Managing Partner of DP Injury Attorneys, a San Diego personal injury law firm. With more than 12 years of experience in California injury law, he has dedicated his practice to representing clients in a wide range of personal injury matters, including car accidents, workers’ compensation, slip and falls, catastrophic injury, and wrongful death cases.
Arthur received his Juris Doctor from the Thomas Jefferson School of Law and is a member of the State Bar of California as well as the San Diego County Bar Association. He has received numerous accolades for his work, including being named a Super Lawyer for seven straight years by Thomson Reuters and a “Top 40 Under 40” by the National Trial Lawyers.
