Handling an Accident Caused By a Driver Under the Influence
If you get involved in a car accident and have reason to believe that the other driver is under the influence of alcohol or drugs, it is critical to know what steps to take to protect yourself and your legal rights. Taking the right steps after being hit by a driver under the influence can allow you to build the strongest possible claim against the intoxicated driver.
How Common Is Drunk Driving in California?
Drunk drivers are a constant threat to the safety of road users in California. According to the California Office of Traffic Safety, 1,370 people were killed in alcohol-involved crashes in 2021 – a 16 percent increase from 2020. Drunk driving accounts for nearly one-third (32 percent) of all traffic-related deaths in the State of California.
Steps to Take After an Intoxicated Driver Hits You
As soon as you get involved in an automobile accident with another driver in California, pull over at the scene and check yourself for injuries. If you are injured, get medical attention immediately. Do not admit fault for the crash. Exchange information with the other driver, such as contact and insurance details.
If your car accident involves injuries, deaths or at least $1,000 worth of property damage, you are legally required to report it to the police. You should report any accident where you believe the other driver is under the influence of drugs or alcohol. A police report can include evidence of driver intoxication, including the results of a breathalyzer or field sobriety test.
Write down your police report number, so that you can obtain a copy later. Before you leave the scene, take photographs of both vehicles and any physical evidence, such as road markings and street signs. If there were any eyewitnesses, write down their information. When you are ready to file a car insurance claim, consult with an attorney first to fully understand your rights.
Is California a No-Fault State?
No; like most states, California uses an at-fault car insurance law, which holds the at-fault driver legally responsible (liable) for the injuries and damage caused in an automobile accident. Under this law, a drunk driver can be held liable if he or she causes a crash. However, the victim is required to prove fault.
How to Prove a Drunk Driving Accident Case
To win an insurance claim or personal injury lawsuit against an intoxicated driver, injury attorneys in Los Angeles explain that you do not necessarily need to prove that the driver was drunk or under the influence of drugs at the time. While this evidence can be helpful, you are only required to prove that the other driver’s careless or reckless actions caused your collision. This may simply involve proof of a violation of traffic law, such as speeding or running a red light.
Once you file a claim with the intoxicated driver’s insurance company, the insurer will request evidence of fault. You can submit documents such as a copy of the police report to help establish a claim against the other driver. If the at-fault driver faced criminal charges for driving under the influence, an arrest or conviction can serve as evidence for your claim. However, again, evidence of intoxication is not strictly necessary for a successful car accident claim.
When to Hire an Auto Accident Lawyer
Driving under the influence can lead to severe injuries to those involved. If you are injured in this type of crash, you may need to hire an attorney to help you secure the compensation that you deserve for the gravity of your injuries.
An experienced car accident lawyer in Los Angeles can help you build your claim by investigating the crash and searching for evidence. Your attorney can also explore additional sources of financial compensation, such as a dram shop claim against the establishment that furnished the intoxicated driver with alcohol.
To discuss a specific car accident case involving an impaired driver with a skilled and knowledgeable attorney in Los Angeles, contact Rose, Klein & Marias for a free consultation.