Facing a DUI-induced car accident can change your life significantly, especially if you suffer severe injuries. You may also face financial losses that alter your daily life, leading you to consider alternative lifestyles.

Based on this, you can seek legal recourse for the injuries and damages you face against the party responsible for the accident. The basis for pursuing a civil claim after involvement in a DUI car accident is to persuade the court to provide reasonable compensation to help you recover.

If you are a first-time claimant, you need to understand how a lawsuit against a DUI driver works, including the procedures to meet and the laws to apply. Sourcing legal information requires you to work closely with an experienced personal injury attorney who has previously handled similar cases. You, therefore, want to consult a skilled attorney to increase your chances of a successful case outcome that grants you access to compensation.

What You Need to Know in Preparation for Your Case

As an aggrieved victim of a DUI accident, you need to understand the various legal elements to meet for a successful case outcome. After assessing your case facts, your attorney provides a general overview of the important case factors. They will then lay out a workable plan to establish the most suitable plan applicable to your accident claim.

Many car accident cases require you, as the plaintiff, to prove the defendant’s liability. You will do this depending on the case characteristics, making it important to gather all relevant information concerning your accident claims. Due to this, you may have to show that the defendant was negligent by proving all four elements of negligence.

Alternatively, your case may involve a direct violation of the law, resulting in a negligence ‘per se’ claim. If so, your attorney will also provide the relevant legal provisions you should cite to demonstrate that the defendant should have followed them.

Since the case projection varies from one aggrieved party to the next, you should consider alternative avenues to present a workable case against the DUI driver. The two main lawsuits you may file involve the following:

  • Proving the Defendant’s Negligence

A car accident case in civil court differs from a criminal case based on the burden of proof and the procedures to follow. When seeking compensation for a DUI car accident, you file in civil court, where the judges assess the defendant’s actions on a balance of probabilities. Conversely, criminal cases must involve comparing the accused’s actions to what the law stipulates.

The DUI accident case you were involved in may involve both criminal and civil cases simultaneously, so you should understand the impacts of each. While a criminal case seeks to determine the driver’s criminal actions by violating the law, civil cases aim to compensate the victim. You can therefore file a case in civil court even as the criminal case continues, as each has different outcomes for the accused.

In preparation for your case, your attorney will inform you of the four elements of negligence you must establish to raise your chances of success. They should also help you link the elements to your case facts to ensure you source all relevant evidence. Based on this, you have the burden of proof to show that the accused acted negligently. You can do this by showing that:

A Duty of Care Existed

A person can only be negligent if they fall below the existing duty of care, meaning they act less than expected. Establishing a duty of care is thus critical to your case, as it sets the basis for your claims in the DUI car accident claim.

The reasonable person test applies to establish a duty of care, as it imposes on all persons the obligation to act in a way that any reasonable person would. By applying this standard, anyone operating a vehicle must act in a way that does not endanger other motorists, including through a DUI.

In court, your attorney can compare the defendant’s actions to those of a reasonable man to demonstrate that they should have considered their duty of care. Drinking and driving shows that the respondent did not consider the possible danger they may have put on themselves and other road users, which is contrary to the duty.

You can also refer to general road practices to justify the existence of a duty of care in a motorist's setting. For example, drivers should drive reasonably when meeting or overtaking other passengers.

Evidentiary sources to support the existence of a duty of care may come from witnesses, a road code of conduct, and reports from police officers who affirm the expected road conduct. By showing that all these factors should have guided the defendant, you will have established the duty of care they owed to you and other road users.

A Breach of Duty Occurred

Upon establishing the existing duty of care, you must show that the defendant breached it, resulting in the accident you suffered. The main element to establish is that they were drunk while driving, violating the general duty to remain competent while on the road.

Your attorney can work on obtaining all the evidence necessary to show that the defendant was intoxicated, which establishes their direct disregard for road safety. Intoxication refers to an altered state of mind where the defendant cannot use their motor and mental skills to coordinate themselves properly.

By extension, their inability to coordinate themselves also makes them incapable of operating the vehicle well. They, therefore, become safety hazards, as they may drive at extremely high speeds or make poorly calculated decisions like overtaking at a blind spot. Your goal is, therefore, to obtain evidence to show the defendant’s intoxicated state.

Among the various evidential sources to consider are the blood alcohol concentration (BAC) readings the traffic officers obtained after administering a DUI test to the defendant. The findings would help you solidify your case if the readings exceeded the legal alcohol limit of 0.08% BAC levels, meaning that the defendant was intoxicated.

Alternatively, your attorney can request a copy of the defendant's chemical test results, especially if the suspected DUI also involved drugs. By presenting a copy of the test results, you will have successfully demonstrated that the defendant breached their duty, warranting legal consequences.

Sometimes, the judge may also accept relevant information from police reports showing that the defendant failed a field sobriety test. The report will also likely indicate any outstanding behavior caused by intoxication, further helping you establish your case.

In some cases, you may face challenges obtaining evidence from police records and BAC results, especially if the criminal case is ongoing concurrently. If so, consider alternative evidentiary sources like witness testimonies and surveillance or dashboard camera footage that can help show the defendant’s intoxication levels.

A breach of duty is also evident in the defendant’s conduct, especially how they drove and responded after the officers stopped them. If your attorney has information on the speed levels the defendant engaged in, and how they related to other road users, you can use the details to build your case.

The Defendant’s Breach of Duty Caused the Accident

The causation element of negligence is also crucial when presenting your case because it links the defendant’s actions to the consequences you suffered. It is important to show that the breach of duty was the primary reason the accident occurred and caused harm, as it establishes your case against the required standard of proof.

Causation requires you to provide information on the various events leading up to the accident and how these events resulted in your accident. For example, if the drunk driver could not properly steer the vehicle, resulting in a collision, the causation element is that the intoxication levels caused uncoordinated driving and, subsequently, your injury.

You can also establish causation by showing that you did your best to observe all road regulations and that the accident arose because of the defendant’s actions. Doing this is important to avoid claims related to contributory negligence, as they reduce the percentage of compensation you can receive as the claimant.

Some evidence to support your causation claims includes witness statements, surveillance footage, and police reports to show that the defendant’s actions were the primary cause of the accident.

Your case may also involve multiple causation, where two or more motorists are responsible for the accident you faced. Assessing the case facts with more detail in mind is important, as you may have to establish causation for all parties. With your attorney’s help, you can determine each party’s contributions and claim from them.

You Suffered Damages from the Accident

The court can only issue compensation if you suffered damages, so you must establish this element in your negligence claim. You must also show a link between the losses and the accident, as the court does not consider unrelated claims.

You can present claims for multiple expenses and losses suffered, and your attorney should help you obtain the required evidence to support your claims. Some claims to consider for your case include the following:

  • Compensation for Medical Expenses

If your accident caused serious injuries, you will require urgent medical treatment that may also involve inpatient care. The medical bills can add up to an expensive amount, warranting the need for financial compensation. Your medical expenses claim should encompass all relevant evidence to help you demonstrate the need for compensation from the defendant.

For example, you can provide copies of the doctor’s reports regarding the nature of your injuries and the applicable treatment. Further, you can present any bills and receipts you had to meet after the accident, including invasive surgical procedures to promote recovery. 

Your claim must also show that all expenses are justified after suffering serious harm from the accident. In doing this, you can provide receipts to show the specific amounts you had to pay as bills and recurrent medical costs. Presenting original receipts is advisable, as it increases the credibility of your claims.

  • Car Damages

DUI car accidents can also cause serious car damage, depending on the severity of the incident. For example, if the defendant drove high speed out of intoxication, your vehicle will likely sustain severe damage.

Based on this, you need monetary compensation to cover the extensive repairs you must make to the damaged vehicle parts. You can present a quotation you received from a recognized mechanic to help you justify the amount you ask for, as it helps raise your chances of presenting a persuasive case.

Exhibit evidence is also acceptable in court, and you may present photographs of the damaged vehicle or request the judge view the actual car if it is within range. By presenting the specific information, you allow the court to assess the damages and establish whether your requested amount is justified. Your attorney can help you obtain the photographic evidence or move the damaged vehicle to court grounds.

  • Physical Therapy After Treatment

Some injuries may cause permanent body damage, making it important to seek physical therapy treatment after finishing your doses and clearing with the attending medical doctor. Physical therapy is important, especially if a car accident affects your limbs.

Since the treatments are consistent for extended durations, they may also become expensive and cause significant financial pressure. Your claims in court are therefore justified, provided you present the required treatment receipts.

Your attorney can also help you prepare any projected costs for future treatment services to cover anticipated expenses. In doing this, you protect yourself from future financial strain, helping you rebuild your everyday life.

  • Extended Care After the Accident

After leaving the hospital for inpatient treatment, the doctor may advise you to find a caregiver to help you adjust to your new life. For example, if you need to use a wheelchair during recovery and live alone, you may need a nurse to help you navigate until you adjust to your new state.

Your extended care expenses may vary depending on the caregiver’s role and whether you hire them individually or through an agency. Some evidence to present in court includes acceptance letters from the caregiver’s agency, their rates, and receipts for any payments you have made so far.

  • Loss of Wages and Earning Capacity

After sustaining an injury, you may have to pause or halt your work because you cannot continue with your duties. When presenting this claim, you must include the salaries you have yet to pay or lost revenue if you are an individual business owner.

The court will also allow you to make reasonable projections of the future wage losses you will likely face from the injuries. If your attorney can quantify the amounts accurately, you are more likely to receive a lump sum to cover all losses related to your earning capacity.

  • Proving Negligence ‘Per Se’

A negligence ‘per se’ case arises when the defendant is in direct violation of road laws applicable in California. Since you can show the specific provision the defendant violated, your attorney can help you present a case grounded on these facts.

You should obtain more information regarding the various DUI laws and prohibitions to help narrow down the specific offense you seek compensation for. As a claimant, your case is successful if the respondent violated a specific law and you suffered harm from their violations.

The burden of proof falls on the defendant to show that they did not violate a DUI regulation and did not suffer from their actions. Despite this, you can refute their claims and present your evidence to counter them. You can expect a positive case outcome if your evidence supersedes the defendant’s claims.

Some examples of laws applicable to DUI car accident claims include:

Driving While Exceeding the BAC Level as a Commercial Driver

Commercial drivers have a special duty of care applicable to them, as they often handle valuable goods and are responsible for transporting passengers. Since they are in charge of multiple operations, Section 23152(d) of the California Vehicle Code imposes an alcohol concentration limit of 0.04%. Any level exceeding this amount can attract both civil and criminal liability.

Drunk Driving as an Underage Person

Section 23136 of the vehicle code introduces a zero-tolerance policy on anyone below twenty-one years, making it illegal to drink and drive. Based on this, your case may involve an underage defendant who is also answerable in a criminal case. If so, consider the most suitable approach to establishing their negligence per se.

Driving While Using Drugs

Drugs also fall within the DUI category and can attract criminal and civil liabilities, as provided under Section 23152(c) of the Vehicle Code. Showing that the respondent had drugs in their system makes it easier to seek compensation based on negligence per se, so you need to gather all relevant evidence.

Contact a Los Angeles Car Accident Attorney Near Me

When you or a loved one suffers injuries and other damages from a DUI car accident, you must seek compensation by filing a civil case. As a first-time claimant, you need to understand the various steps to take in working a case against the DUI driver. Since negligence is the primary claim in a civil case, you need to work with an experienced attorney to establish all factors in your claim. Working with a skilled attorney increases your chances of a favorable outcome.

At Los Angeles Car Accident Attorney, you work closely with expert attorneys ready to support your claims by providing legal advice. You can also count on us to represent you in court and to perform thorough research on your behalf. With our help, you can expect to present a strong case against the DUI driver in Los Angeles, California, bringing you one step closer to receiving compensation for your losses. For more information on how to file lawsuits against DUI drivers in California, call us today at 424-237-3600.