Drunk Driving Accidents: Understanding Victims’ Legal Rights in California

Drunk driving accidents can change lives in seconds. A person who makes the decision to drive while impaired by alcohol or drugs can cause devastating injuries, significant financial losses, and lasting emotional trauma. For victims and their families, the aftermath often involves medical treatment, insurance disputes, missed work, and uncertainty about their legal rights.

In California, individuals injured by impaired drivers may have the right to pursue compensation through a personal injury claim. Understanding how liability is established, and the types of damages that may be available can help victims make informed decisions about their next steps.

What is Classified as a Drunk Driver? 

California law forbids operating a motor vehicle while under the influence of alcohol or drugs when impairment affects the driver's ability to operate the vehicle safely. Under California Vehicle Code Section 23152, driving under the influence is unlawful. For most adult drivers, operating a vehicle with a blood alcohol concentration (BAC) of 0.08% or higher is separately prohibited. Lower limits apply to certain drivers, including commercial drivers.

However, a driver may still be considered impaired even when their BAC falls below the legal limit. Alcohol can affect judgment, reaction time, coordination, and awareness of surrounding traffic conditions. These impairments can contribute to serious accidents, especially at intersections, on highways, and during nighttime driving.

Drunk Driving Accidents: An Overview 

Alcohol-related vehicle collisions can occur in various circumstances, but patterns may also appear. 

• Head-on collisions: An impaired driver may cross into opposing traffic, causing a collision with an approaching vehicle.
• Rear-end accidents: Delayed reaction times may prevent an intoxicated driver from stopping when traffic slows or comes to a halt.
• Intersection accidents: Impaired motorists may disregard traffic signals, fail to yield, or misjudge approaching vehicles.
• Wrong-way accidents: Confusion or impaired judgment may cause drivers to enter highways or one-way streets in the wrong direction.
• Pedestrian and bicycle accidents: Drivers under the influence may fail to notice pedestrians, cyclists, or individuals crossing designated walkways.

These vehicle collisions may result in traumatic brain injuries, spinal cord injuries, broken bones, internal injuries, or fatalities.

Who May Be Held Responsible? 

Determining liability is an important part of pursuing a personal injury claim. California usually follows a fault-based system for motor vehicle accidents. An injured person may seek compensation from a driver whose negligence caused the vehicle collision.

To establish negligence, an individual must demonstrate that the responsible party owed a duty of care, breached that duty, and caused injuries resulting in legally recognized damages. Evidence of intoxication may help establish that a driver acted negligently.  Evidence used to evaluate liability may include police reports, chemical test results, witness statements, surveillance recordings, accident reconstruction findings, and medical documentation. In some circumstances, additional parties may share responsibility depending on their behavior and applicable California law.

Types of Compensation

Victims injured in drunk driving accidents may be entitled to seek economic and non-economic damages, depending on the circumstances. Economic damages address measurable financial losses, including but not limited to the following. 

• Medical expenses 
• Rehabilitation costs 
• Lost wages 
• Reduced earning capacity 
• Future medical care 

Non-economic damages may address physical pain, emotional distress, loss of enjoyment of life, and other personal consequences of the injuries. The damages available depend on the evidence, the severity of the injuries, the applicable law, and the circumstances of the specific accident.

The Specifics of Insurance

Insurance coverage can significantly affect how an accident claim proceeds. If an impaired driver has insufficient insurance or no coverage at all, an injured person may be able to seek benefits through their own uninsured motorist coverage, if available.

These policies may provide additional protection when the responsible driver's insurance is unavailable or insufficient to address covered losses. Insurance companies may dispute the extent of injuries, the cause of medical conditions, or the value of a claim. Reviewing policy provisions and supporting documentation can help clarify available coverage.

Family Members: What Happens during A Drunk Driving Accident? 

When a drunk driving vehicle collision causes a death, specific surviving family members or other eligible individuals may pursue a wrongful death claim under California law. Depending on the circumstances, recoverable damages may include, but are not limited to, the following. 

• Funeral expenses
• Loss of financial support
• Loss of companionship

These claims involve specific eligibility requirements and legal considerations, making an individualized evaluation important.

The Importance of Seeking Legal Guidance and Support 

Seeking legal guidance and support after a drunk driving accident is crucial to maintaining your safety and the safety of those around you. Individuals should understand that these types of incidents may cause serious injuries that may alter the course of one's life completely. A legal professional may help those in need understand their rights and responsibilities moving forward. 

How KAASS LAW Can Help 

At KAASS LAW, we are determined to help those who have been involved in a drunk driving accident. Our legal team may review the specific facts of your case, speak to insurance companies on your behalf, and determine potentially responsible parties for the future. Don’t wait. Call KAASS LAW today to learn more.