What to Do If You're Hit by a Drunk Driver in California

Being involved in a car accident is stressful enough, but if you suspect the other driver is under the influence of alcohol or drugs, it's crucial to know how to protect yourself and your legal rights. Taking the right steps immediately after the accident can significantly strengthen your claim against the intoxicated driver.

The Reality of Drunk Driving in California

Unfortunately, drunk driving remains a significant threat on California roads. According to the California Office of Traffic Safety, "1,370 people lost their lives in alcohol-related crashes in 2021, marking a 16% increase" from the previous year. Nearly one-third of all traffic fatalities in California involve drunk driving.

Essential Steps After an Accident with an Impaired Driver

1. Safety First: As soon as the accident occurs, pull over safely and assess yourself for injuries. If you're injured, seek immediate medical attention. Remember, never admit fault at the scene.
2. Exchange Information: Swap contact and insurance details with the other driver.
3. Report to the Police: In California, you're legally required to report accidents involving injuries, fatalities, or property damage exceeding $1,000. It's also vital to report any accident where you suspect the other driver is impaired. A police report can serve as crucial evidence, including the results of breathalyzer or field sobriety tests. Make sure to get the police report number for future reference.
4. Document the Scene: Take photos of all vehicles involved, any physical evidence like road markings or signs, and note down the contact information of any witnesses.
5. Consult an Attorney: Before filing an insurance claim, it's wise to consult with an attorney to understand your rights fully.

Understanding California's "At-Fault" System

Unlike "no-fault" states, California operates under an "at-fault" system. This means the driver responsible for the accident is liable for the resulting damages and injuries. In cases involving drunk driving, the intoxicated driver can be held liable, but you'll need to prove their fault.

Proving Your Case

Surprisingly, you don't necessarily have to prove the driver was intoxicated to win your claim. Demonstrating the other driver's careless or reckless actions caused the accident is sufficient. This could involve proving a traffic violation, such as speeding or running a red light.

When filing a claim with the intoxicated driver's insurance company, you'll need to provide evidence of fault. A police report and any arrest or conviction records related to DUI can be valuable. However, proving intoxication is not always essential for a successful claim.

When to Seek Legal Counsel

Accidents involving impaired drivers often result in severe injuries. If you've been injured in such an accident, hiring an experienced car accident attorney is highly recommended. They can help you secure the compensation you deserve for your injuries.

A skilled lawyer can investigate the accident, gather evidence, and explore additional avenues for compensation, such as a "dram shop" claim against an establishment that served alcohol to the intoxicated driver.