What should I do if I’ve been hit by a Drunk Driver?
- July 27, 2016
If you are hit by a drunk driver, it can be a frightening ordeal. After the accident, it is important to remain calm and make sure everyone in the vehicle is safe. If your vehicle is in traffic, then do not attempt to get out of the vehicle until you drive the car to a safe place. When you are involved in an accident where the other driver was under the influence of alcohol, you may have a chance to receive compensation for any injuries that were a result of the accident.
When an person is driving under the influence of alcohol, his or her blood alcohol content (BAC) is above the legal limit. In California, there is a zero tolerance set in place for drunk drivers, which means the BAC is .01% for individuals under the age of 21. For all other drivers, the BAC is .08%. However, if an individual was driving a commercial vehicle and hits another vehicle, then the BAC is .04%.
According to California Vehicle Code 23152a, it is a misdemeanor to drive a vehicle while under the influence of alcohol. If the driver is arrested for driving under the influence, then he or she is negligent per se. An individual who is intoxicated may not excuse the accident on the conditions he or she was driving while intoxicated.
If you file a car accident lawsuit against the individual who was driving under the influence, you must prove negligence that resulted in injury. California law has a financial cap of damages that can be obtained from an insurance claim. However, if it can be proven the drunk driver was negligent and caused injuries, then he or she is criminally responsible. In these circumstance, it is vital to have an experienced attorney who can pursue criminal charges against the drunk driver.
If you are hit by a drunk driver, you should take the same actions as if it were any other automobile accident. The first thing you should do is contact the police. You can also speak with witnesses and take pictures of the accident. It is also important to take notes about the accident before you leave the scene, which will provide an accurate description of what happened.
It is also vital to control your emotions, which can be difficult, but remember you are the sober one and justice will come. You shouldn’t argue with the drunk driver. When you try to talk to an intoxicated individual, it is usually a waste of time. Furthermore, you do not know how the intoxicated individual will act, so try to wait until the police arrive.
It is also important to get the license plate number of the vehicle as soon as the accident occurred. In some cases, drunk drivers will flee the scene of an accident. When you are in a minor accident and suspect the other driver is drunk, try to keep the conversation brief and contact the police as soon as you return to your vehicle.
According to California law, victims of drunk driving accidents are entitled to punitive damages. There have been cases where employers who gave an individual excessive amounts of alcohol are held partially responsible for the accident.
If you have been involved in a drunk driving accident, then be sure to contact an experienced legal team as soon as possible. An experienced lawyer can provide you with assistance and advice about how to proceed. It is important to remember that you are the victim, and the individual who was driving under the influence should be held accountable for his or her irresponsible actions.