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Suing a Drunk Driver After a DUI Accident

If you’ve been injured in a DUI accident, suing the drunk driver for the damages you’ve suffered is justifiable. The physical and emotional stress of your injuries can be overwhelming, and you may be out of work and experiencing a lack of income.

The buildup of medical expenses can lead to even more distress than what the car accident initially caused. You shouldn’t have to bear the financial burden of your injuries alone when you weren’t responsible for the damages you’ve suffered.

The state of California takes drunk driving very seriously, and with a DUI Lawyer by your side, you’ll be able to fight for the compensation you deserve. At The Kindley Firm, APC, our experienced attorneys are prepared to handle the legalities of your case and hold the drunk driver accountable for their negligent actions.

California DUI Laws

California has numerous laws related to driving under the influence of both drugs and alcohol, and each law is put in place to ensure perpetrators can’t get through the legal process without punishment. California DUI laws state the following:

  • It’s illegal to operate a vehicle while under the influence of drugs or alcohol.
  • It’s illegal to operate a vehicle with a blood alcohol content (BAC) of 0.08 percent or higher.
  • It’s illegal to operate a vehicle while under the influence of both drugs and alcohol.

Although police officers are allowed to charge drunk drivers with all three of these charges at once, a driver will ultimately only be punished for one charge because the crimes overlap.

Proving Negligence in a DUI Accident

If a drunk driver is charged with a DUI offense, your lawsuit will be based on negligence per se, which means negligence is presumed because the defendant violated a statute or regulation. However, even if the drunk driver doesn’t get charged with a DUI, you can still prove negligence in other ways.

If you can prove the driver failed to use reasonable care to prevent harm in the accident, then this is still considered negligence. Often, the driver can find ways to dismiss their DUI offense, but this won’t excuse the fact that their careless driving caused your injuries. Your attorney will guide you through the next steps if the case gets to this point.

Recovery of Damages

Both economic and non-economic damages can be recovered for the losses you’ve suffered from the DUI accident. Your lawyer will negotiate on your behalf to make sure your claim value is maximized and you pay nothing out of pocket.

Some of the damages that will be examined include medical expenses, loss of future income, property damage, scarring and disfigurement, pain and suffering, and loss of enjoyment of life.

Reach out to a San Diego DUI Lawyer

Being injured by a drunk driver can leave you emotionally distraught and frustrated. A full recovery may seem far out of reach, but with the help of the qualified attorneys at The Kindley Firm, APC, you can start picking up the pieces of your life.

Contact us today for a no-obligation consultation and we can begin discussing the details of your case. You can reach us by filling out the contact form below or by calling us at 619-550-1313.

  • No fees unless we win
  • No obligation to continue beyond the case review
  • Get all your legal questions answered