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DUI Civil Claims
Any injured person can sue a drunk driver for damages if they have been injured by him or her. There is no requirement that the drunk driver be convicted of a DUI before a civil suit is filed. Plaintiffs may be passengers in the DUI driver's car, occupants of other vehicles, or pedestrians.
The plaintiff must prove that the driver's actions were negligent. In California, a person is considered negligent if they fail to act reasonably to prevent harm to others, or are negligent "per se" for violating Vehicle Code 23152(a), driving while under the influence, Vehicle Code 23612(a), refusing to submit to a BAC test, or driving when their BAC exceeds California's legal limit.
Recoverable Damages from a DUI
Medical bills, car repair bills, lost wages, lost earning capacity, pain and suffering, and punitive damages are some of the harms that victims suffer from an intoxicated driver.
The family members of a victim killed by a drunk driver can sue the driver for damages that the victims and families suffered, including loss of consortium, wrongful death, or a California "survival" action.
Suing a Drunk Driver
When a driver is intoxicated, his or her judgment is impaired and can cause significant harm, if not death. Plaintiffs need to prove two main things: that the defendant was negligent and that their negligence led to damages.
Drunk Driver Negligence
All drivers owe a "duty of care" to other drivers and pedestrians. A driver may be considered negligent if they do not take reasonable precautions to prevent harm to other people.
A legal term known as negligence "per se" describes a defendant's violation of a law or statute that protects other drivers and pedestrians. Violation of a statute proves negligent.
“Negligence Per Se” Law
According to California's negligence "per se" law, an individual can be deemed negligent if they violate a law, statute, or ordinance, resulting in an injury. Following the plaintiff's presentation of clear evidence that demonstrates negligence per se, the burden of proof now shifts to the defendant, who must prove that neither they violated the statute nor the violation caused the plaintiff's injury.
California DUI laws
Driving Under the Influence – Vehicle Code 23152(a), (f) and (g)
California’s basic DUI law is set forth in Vehicle Code 23152 VC. Under VC 23152(a) it is a crime to operate a motor vehicle while “under the influence” of alcohol and/or drugs.
“Per se” DUI for adult drivers – Vehicle Code 23152(b)
Vehicle Code 23152(b) makes it a crime for anyone 21 or older to drive with a blood alcohol concentration (“BAC”) of 0.08% or higher.
BAC, Blood Alcohol Test, that measures alcohol content from a breath test or blood test which is taken immediately. When the driver may be suspected as being on drugs a blood test will be required.
Excess BAC CDL — Vehicle Code 23152(d)
Vehicle Code 23152(d) makes it a crime to drive a commercial vehicle with a BAC of .04% or higher.
Commercial drivers who drive between states are also subject to federal motor carrier safety laws.
DUI by ride-sharing, taxi or limo drivers — Vehicle Code Section 23152 (e)
It is illegal for anyone to drive with a BAC of 0.04% or higher when a passenger for hire is in the vehicle.
Any person who pays to drive for transportation services is referred to as a "passenger for hire." A ride-sharing driver, for example, would be considered a "passenger for hire." Similarly, a taxi, limo or chauffeur employed by a company would be considered a "passenger for hire."
Underage DUI – Vehicle Code 23136
Vehicle Code 23140 makes it a crime for a driver under age 21 to drive with a BAC of .05% or higher.
The legal limit for a driver under the age of 21 is .05%, no matter whether he or she is feeling impaired.
“Zero-tolerance” law for underage drivers — Vehicle Code 23136
Underage drivers are also subject to a 'zero-tolerance' law in California. A driver under the age of 18 who has a blood alcohol level of .01% or higher while driving is in violation of Vehicle Code 23136.
Even though this level is not considered a DUI, it still constitutes a violation of the law. Any level of alcohol content above the legal limit for an underage driver constitutes negligence per se. Furthermore, it is the plaintiff's responsibility to prove that the defendant's impairment contributed to the accident. If only VC 23136 was violated, it may be difficult to prove negligence.
Driving Under the Influence of Drugs — Vehicle Code 23152(c)
California Vehicle Code 23152(c) states it is unlawful for a person who is addicted to any drug to drive a vehicle, either prescribed or not. Exceptions can be made but only for people who are participants of a court-approved drug treatment program.
Chemical test refusal — Vehicle Code 23612(a)
California Vehicle Code 23612 VC is the “implied consent” law. This law states that by driving in California, motorists automatically give their consent to a chemical test when a suspect for being under the influence for either alcohol or drugs.
Refusing to take any type of chemical test is a direct violation of VC 23612. If a person refuses to take a breath or blood test this will add to the level of “negligent” per se against the person.
Federal vehicle carrier safety regulations
Federal law prohibits the operation of commercial vehicles while intoxicated. Commercial drivers are prohibited from having a blood alcohol content (BAC) of .04% or above, or for performing safety-sensitive functions with a controlled substance in their system, except in limited circumstances.
No DUI Conviction Needed
DUI conviction is not required for a defendant to be sued civilly for damages in California. Laws regulating criminal law and civil liability have different standards and burdens of proof.
Burden of Proof For DUI Cases
Criminal DUI laws punish drunk drivers and serve to deter others from driving while intoxicated. All 12 jurors must agree that guilt has been proved "beyond a reasonable doubt". As opposed to criminal charges, civil liability compensates victims of drunk driving. The burden of proof is to prove liability by a preponderance of the evidence.
An injury plaintiff is injured by the defendant driving under the influence of alcohol when the preponderance of the evidence means the defendant drove under the influence as a result of very likely causing the plaintiff's injury. Nine of the 12 jurors need to agree in a civil trial.
Proof of Negligence
In most states, a DUI conviction is sufficient to establish negligence by itself on the defendant's part. The violation of a statute automatically establishes negligence. It does not matter if the defendant avoids jail time it is still considered to be negligence per se. A civil lawsuit for DUI does not prove criminal guilt, and vice versa. Evidence proving the defendant's impairment did not cause the plaintiff's damages is admissible as evidence of the defendant's innocence.
Recoverable Damages in a DUI Case
You may recover compensation from a DUI driver for medical bills, psychological counseling, long-term or short-term life insurance, physical or occupational rehabilitation, lost wages, loss of earning capacity, pain and suffering, loss of consortium, loss of enjoyment of life, or loss of limb or the use of a limb or body part.
It is essential that the plaintiff prove that he or she suffered such damages, and that the damages were caused by the negligent actions of the other driver.
Punitive Damages
Punitive damages may be recoverable from a drunk driver. It is necessary for the plaintiff to prove clear and convincing evidence of oppression, fraud, or malice on the part of the defendant before receiving punitive damages in California.
The crime of malice is established in driving under the influence cases, but it does not mean that the driver intended to harm others.
California Civil Code 3294(c)(a) states:
“Malice” means conduct which is intended by the defendant to cause injury to the plaintiff or despicable conduct which is carried on by the defendant with a willful and conscious disregard of the rights or safety of others.
The Act of Malice
Two factors must be demonstrated to establish "malice" in order to award punitive damages. Plaintiff must establish that the defendant had knowledge of the likely dangerous consequences of his conduct and deliberately failed to take preventative measures to avoid them.
According to the California Supreme Court, this test is applicable to individuals who have voluntarily consumed alcohol or drugs to a point of intoxication and are aware they must drive thereafter.
Family Members Suing on Behalf of Victim
Families of victims killed by drunk drivers may be able to recover damages in civil lawsuits. A California "survival" action can be brought on the basis of loss of consortium, wrongful death, or wrongful death. The loss of companionship and support of the loved one pertains to each of these bases. Family members of someone who's been hit by a drunk driver can recover punitive damages in many cases.
Partial Fault of a Drunk Driver
Even though drivers may be under the influence of alcohol, they are not automatically at fault for accidents. An accident between two or more parties may be attributed to "comparative fault" in California. It is possible to sue the defendant even if they are 50% at fault for the injury. Plaintiffs can also file suit even if the defendant was slightly at fault.
Insurance Coverage For Drunk Drivers
If a policyholder causes an accident while driving drunk, the insurer will provide compensation for damages. Typical compensatory damages include third-party auto liability coverage from the DUI driver or underinsured/uninsured motorist coverage obtained by the plaintiff.
Plaintiffs may be forced to sue a defendant directly only when there is no insurance or when the total policy limits are higher than the plaintiff's damages.
Punitive Damages Covered By Insurance Companies
Punitive damages awarded by a court are not paid by insurers. Punitive damages must be collected directly from the defendant if they are awarded. The defendant may not be able to cover the entire amount of the judgment if they have no assets. In spite of the fact that insurance companies do not pay punitive damages, compensatory damages are still paid. To help you receive punitive damages, I can locate the defendant's legal assets. California small claims courts allow you to recover damages up to $10,000.
Getting Hit By a Drunk Driver
The police should be called to the scene if you are hit by a drunken driver in California. Police reports and chemical tests should be conducted.
Regardless of whether the driver is drunk or not, you should obtain the following information from the other person: full name, driver's license number, license plate number, vehicle identification number (VIN), insurance company name and phone number, and insurance policy number.
It is crucial to document the vehicles and accident site through photos and videos. Provide as many details about the scene as possible. To recollect details about the accident, it is best to write everything down that you can remember immediately after the accident.