In Los Angeles, those injured in drunk driving collisions usually receive significantly higher compensation than those injured in Non-DUI (Driving Under the Influence) types of collisions. Over one person dies from drunk driving in the United States every hour.
Drunk Driving Compensation in Los Angeles
What will you obtain if you’re injured in a car accident caused by a drunk driver in Los Angeles? Let’s find out.
Victims of drunk driving collisions are entitled to the same types of damages as victims of non-DUI collisions, as well as two extra ways to be compensated if they are hit by a drunk driver. People wounded in crashes caused by drunk drivers, like those injured in non-DUI collisions, are eligible for monetary compensation for:
- Property damage (including car damage and personal items such as their cell phone that were damaged in the collision)
- Medical bills incurred as a result of the collision;
- Expenses incurred as a result of being injured and unable to work;
- Pain as a result of the collision
- Being unable to participate in your normal activities causes suffering (like jogging, caring for your children, or gardening).
Compensation in the Form of Punitive Damages
Victims of DUI collisions may be entitled to punitive damages in addition to the damages immediately caused by the incident. Punitive damages are meant to punish someone who has committed major wrongdoing. Punitive damages are not covered by insurance, therefore the intoxicated driver would have to pay them out of pocket.
Punitive damages are authorized under California law where a “defendant has been guilty of oppression, fraud, or malice.” (Section 3294(a) of the California Civil Code)
Since the late 1970s, California courts have determined that “operating a motor vehicle while intoxicated may constitute an act of malice under section 3294 if performed under circumstances revealing a conscious disregard of the probable consequences.” (Taylor v. Superior Court (1979) 24 Cal.3d 890, 892).
This has been construed by courts to suggest that not every driver who causes a collision while inebriated is liable for punitive damages. Lawyers hired by insurance companies to defend drunk drivers have seized on this to try to have punitive damages requests dismissed from cases filed against them.
As a result, it’s critical to demonstrate that the intoxicated driver’s behavior was so outrageous and dangerous that it was likely to result in injury. There are various laws that must be followed in order to receive punitive damages in a DUI accident. If you’re hit by a drunk driver, a Los Angeles personal injury lawyer with experience managing drunk driving incidents can help you get the most money possible.
Compensation in the Form of Victims Restitution
Victim’s restitution is another option available to people in Los Angeles who have been injured by a drunk driver. Criminal courts may order the drunk driver to pay restitution to the victim(s) if the drunk driver is charged with causing an injury collision.
Drunk drivers may be held to a lower level of restitution than they can be held responsible for in a civil lawsuit. Drunk drivers are only liable for restitution based on “economic” damages, which include things like medical bills, property damage, and lost wages. Punitive damages and non-economic damages ((pain and suffering) cannot be included in restitution orders.
The victim’s restitution policy is another means of holding drunk drivers accountable for their actions. These methods will be used together by a personal injury lawyer at Siman Law Firm to help their client receive as much compensation as possible from the drunk driver who injured them.