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When Can Someone Sue a Drunk Driver in California?

Updated: Apr 15

There is nothing more terrifying than being hit by a drunk driver. Often, it comes abruptly, unexpectedly, and can end in severe personal injuries. Drunk driving penalties and laws can vary widely from state to state. In California, you can sue a drunk driver for damages relating to an accident. Here is some crucial information you need to know when you have been hit by a drunk driver. If you have any questions or specific concerns, it is vital that you talk to an experienced personal injury attorney.

How Do I Start a Case Against a Drunk Driver?

The legal system can seem overwhelming, but it is your best bet to receive compensation for your injuries. If a drunk driver injured you, you would need to prove that the defendant was negligent when they decided to drive while intoxicated. Because of this negligence, the plaintiff suffered damages.

If you have established that the defendant was negligent, you can bring a case against them.

The first step in beginning your injury case is to find an attorney. Most personal injury lawyers provide a free initial consultation to talk through your case’s details and determine if they are a good fit. Once you find an experienced attorney, they will begin negotiations with the insurance companies involved and determine if litigation is a necessary next step.

How Do I Prove They Were Drunk?

In many cases, the police arrive quickly at the scene and perform the necessary tests to determine that a driver was intoxicated. California’s DUI law is found in Vehicle Code 23152 VC. It makes it a crime to operate a motor vehicle while under the influence of drugs or alcohol. If a driver’s physical or mental abilities have been impaired and cannot drive with the same caution as a sober person, they are considered under the influence. Your attorney will obtain police records and reports written at the scene of the accident to help support your case.

Do you have more questions about drunk driving negligence cases? Contact Gomerman | Bourn & Associates today! Call 415 545 8608 to schedule a FREE consultation.

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