It seems like a no-brainer. If you’re hit by a drunk driver, you think they’d be automatically at-fault. If they’ve gotten a DUI, they were clearly under the influence of alcohol or drugs at the time of the accident. Your car has been totaled. You’re hurt. You’re missing work. The person who got behind the wheel inebriated or in an altered-state broke the law.
Surely they’ve got to pay up, right?
California law says no. A drunk driver, while guilty of a criminal offense, isn’t automatically at-fault in an automobile accident. Most people are absolutely shocked when told this. But, under California law, certain circumstances must apply for a drunk driver to be held liable for the other driver’s losses.
Let’s explain…
4 ELEMENTS OF PROVING NEGLIGENCE AFTER A DUI ACCIDENT
1. DUTY OF CARE: Obviously, to be at-fault in a collision, someone has to be driving a car involved in the accident. As a driver, they have a duty to demonstrate reasonable care anytime they operate a motor vehicle. They’re obligated to take reasonable measures to avoid hurting anyone or destroying property.
2. BREACH: Has the driver carried out an action that knowingly put others in harm’s way? Most people consider drinking and driving to be a breach of duty. People know it’s dangerous and demonstrative of reckless or irresponsible behavior.
3. CAUSATION: Being behind the wheel of a car, even if intoxicated, isn’t enough to be liable in an accident. There needs to be evidence they did something illegal in addition to being under the influence.
4. INJURIES & DAMAGES: The accident has to result in another person being injured or having property damaged. A link between this, the breach, and causation should be enough to hold the drunk driver liable.
PROVING LIABILITY AFTER BEING HIT BY A DRUNK DRIVER
Since a driver’s intoxication alone isn’t enough to prove negligence, the breach, causation, and the injuries or damages resulting from those components have to be tied together. It goes without saying, most drunk drivers aren’t good drivers. And most accidents involving someone drinking and driving are the result of that driver violating some type of California traffic law shortly before the collision.
Did the driver’s condition cause them to run a red light or blow through a stop sign? Were they tailgating? Were they speeding or driving too fast for conditions? Did they swerve into another lane or cross over the double yellow line into opposing traffic?
We haven’t had many football references on this site but here’s an analogy for you. In football, when someone catches a ball and then drops it, the difference between it being an incomplete pass or a turnover comes down to whether or not they made a “football move” first to establish themselves as a runner.
The ball being caught is irrelevant. The ball can be in their hands but control isn’t established until they take a third step, tuck the ball, run towards the goal line or first-down marker, turn upfield, or motion to throw off the defense.
A DUI is a criminal offense that equates to fines, jail times, a suspended license and more. But a drunk driver has to do that one extra move to be proven at-fault for any injuries or damages they caused.
CALIFORNIA HAS COMPARATIVE NEGLIGENCE
A drunk driver can actually receive a payout from an accident in California. This is because California has what’s called comparative negligence. This means more than one driver can be at fault. For example, if a drunk driver crashes into someone texting while driving both parties are to blame. In this case, both parties can share fault. Even the drunk driver can be compensated. Of course, this greatly reduces each victim’s compensation.
HAVE YOU BEEN HIT BY A DRUNK DRIVER IN LOS ANGELES?
As you can see, accidents involving a drunk driver aren’t as straightforward as you’d think. This is why you need the knowledgeable Los Angeles area drunk driving accident attorneys at M.R. PARKER LAW, PC. We’ll help you navigate the complexities of proving negligence and ensure you the best possible outcome. Our lawyers and staff are committed to helping victims in drunk driving accidents recover their losses to get their lives back on track. Call us today at (818) 334-5711 or complete our online contact form to schedule your free consultation. You pay no fee until we get money for you!
