If Injured by a Drunk Driver in Los Angeles California, You Need to Know Your Rights

Have you been involved in a California drunk driving accident? The National Highway Traffic Safety Administration estimates that over 17,500 Americans are killed each year in car collisions related to drinking and driving. Large numbers of people are injured every year from drunk driving accidents, with the costs of these accidents towering over the $100 billion dollar mark. If you or someone that you love has been the victim of a car accident where drunk driving was involved, you have cause to file for damages and should be contacting an attorney as soon as possible. Over 200,000 people are arrested in the State of California every year for drunk driving, and you may be able to file for civil action against the driver that hit you.

When an individual is charged with a drunk driving accident in California, they may be facing both civil and criminal charges for the accident. This will be in addition to any California Transportation Department mandates that may fine them, suspend or revoke their privileges to drive, and in some cases even time in jail. In the state of California, an individual that has been injured in a drunk driving accident can sue for damages such as loss of wages, medical expenses, and property damage among any other losses incurred. If the accident results in a death, the estate or the family of the deceased has cause to file a wrongful death claim.

Individuals who have become victims of a drunk driving accident may also have cause to name a third or any additional parties in the claim. Any of these third parties would include establishments that may have provided or sold alcohol to the individual that caused the accident. In some cases, this may even include a civil individual such as a neighbor or friend that allowed the individual to leave the premises with a vehicle under the influence of alcohol. The law specifies that the person in the third party claim must have knowingly provided the alcoholic beverages to an individual that was visibly intoxicated and allowed that intoxicated person to leave in a car.

On the other hand, if you have been the intoxicated driver in a California drunk driving accidents, you will be charged with a criminal offense. Unfortunately for you, the state of California is considered to have some of the most severe penalties in the United States if you are charged with drinking and driving.

There are two factors that will determine the penalty you will receive as a drunk driver in California. Your penalty will be determined by how much alcohol was in your body at the time of the accident, and the presence or absence of a criminal record. Specifically if you have been charged with a DUI (driving under the influence) more than once, you can expect more severe penalties with each subsequent charge. For example, jail time is often avoided for first time offenders, however if you are arrested a second time, your chances of seeing jail time are much higher.

If you have been charged with a DUI or California drunk driving accident, or have been a victim of a drunk driving accident, contact a lawyer as soon as possible to find out your rights.