In San Diego, if someone is driving under the influence, then they might have to face legal consequences if they get involved in a car accident. A DUI situation can not only lead to severe injury and fatalities, but it also influences the right to seek compensation. You have to go through a structured claim process if you face a car accident, which is meant for holding drunk drivers accountable. So, let’s get to understand how you can navigate through this claims process and determine your rights.
Understanding Liability in Drunk Driving Accidents
If you want to pursue or claim, then the first step is to determine the liability. In case of a drunk driving accident, the intoxicated driver is the primary party at fault. However, there can be other individuals or entities who might be responsible as well, such as:
- The parents and guardians can also be held accountable as they are allowing the minors to consume alcohol and drive.
- The licensed alcohol seller who is serving alcohol to minors is also held accountable as they already know the permit limit and exceeding it can lead to intoxication.
- If the vehicle owner is permitting an intoxicated individual to drive, then they also share the liability, as they are already aware of the condition of the driver.
- The comparative negligence law allows for the apportionment of fault among all parties involved. Based on this, if a victim is found partially responsible for the accident, their compensation will be proportionally reduced. To learn more about it, you can seek help from a car accident attorney at hhjtrialattorneys.com.
Types of Compensation Available
There are several types of compensation available that you need to be aware of.
- Economic Damages
If the accident has led to tangible losses which include medical expenses and it can be immediate or ongoing, then it falls under economic damages. Along with this, loss of wages or inability to work, due to the accident, or any cost associated with property damage are also included.
- Non-Economic Damages
If you have suffered any intangible loss, like pain, emotional distress or loss of enjoyment of life, then this type of compensation falls under non-economic damages.
- Punitive Damages
If there has been gross negligence, then the court has the right to award Punitive damage, which is a way of punishing the offender and preventing such behavior in the future.
Steps to Take Following a DUI Accident
If you want to strengthen your claim and ensure the process is accomplished, then first you have to seek medical attention. Your health should be your priority and after a thorough check-up and evaluation, document all the injuries and keep the medical report safe. Along with this, you must also collect evidence in the form of photographs, which should be of the accident scene, vehicle damage and visible injury. Furthermore, you must also obtain a police report to establish the fault and file for accident claim.
Conclusion
It is the duty of the law and authority maintainer to establish justice by holding drunk drivers accountable, and it is necessary for public safety. So, if you ever get caught in such cases, you should always seek help from the legal system to navigate through the complexity.
