Average Hit By Drunk Driver Settlement in California
In the Golden State, the collision of picturesque highways and bustling nightlife hubs sometimes results in tragic accidents caused by individuals under the influence. These incidents can lead to life-changing injuries, emotional distress, and even loss of life.
Despite the widespread knowledge of the dangers of drunk driving, some irresponsible drivers still choose to get behind the wheel of a car. A 2023 report by the National Center for Drug Abuse Statistics (NCDAS) states that 1,069 individuals were killed due to drunk driving in California. The same report shares that there are over 10,000 drunk driving deaths that occur in the United States annually.
Drunk driving remains a persistent issue in California, despite extensive efforts to curb it through strict DUI laws, public awareness campaigns, and law enforcement efforts. While California strives for prevention and accountability, it’s crucial to recognize that accidents do happen, and innocent victims bear the brunt of these irresponsible choices.
In this blog, we will discuss:
- Understanding drunk driving laws in California
- Personal injury claims in drunk driving accidents
- Factors affecting settlement amounts
- Average settlement amount in California
Injured in a drunk driving accident? You may be eligible for compensation.
Understanding Drunk Driving Laws in California
In California, drunk driving is typically referred to as DUI, which stands for “Driving Under the Influence.” The California Vehicle Code Section 23152 defines DUI as operating a motor vehicle under the influence of alcohol and/or drugs to the extent that it impairs a person’s ability to drive safely.
California has some of the strictest DUI laws in the United States. Some of the key aspects of these laws are:
Blood Alcohol Concentration (BAC) Limits
California follows the standard BAC limits for DUI:
- For drivers 21 years and older: BAC limit is 0.08%.
- For commercial vehicle drivers: BAC limit is 0.04%.
- For drivers under 21: A “zero tolerance” policy applies, meaning any detectable alcohol in their system can result in DUI charges.
Penalties for DUI
The penalties for a DUI conviction in California can vary based on factors like prior convictions and the specific circumstances of the offense. Typical penalties include:
- First-time DUI offense: Jail time (up to 6 months), fines, probation, license suspension (typically six months), and mandatory DUI school.
- Multiple DUI offenses: Longer jail sentences, larger fines, longer license suspension, and mandatory ignition interlock device installation.
- DUI causing injury or death: Felony charges, substantial fines, and potentially lengthy prison sentences.
Administrative License Suspension
Upon arrest for DUI, the Department of Motor Vehicles (DMV) may suspend your driver’s license. You have the right to request a hearing to contest the suspension within ten days of your arrest.
Ignition Interlock Devices (IIDs)
For some DUI offenders, especially repeat offenders, California may require the installation of an IID in the offender’s vehicle. These devices measure the driver’s BAC and prevent the vehicle from starting if alcohol is detected.
Sobriety Checkpoints
Law enforcement agencies in California conduct sobriety checkpoints to deter and apprehend drunk drivers. Drivers are required to stop and cooperate with officers at these checkpoints.
Enhanced Penalties
California has enhanced penalties for certain circumstances, such as having high blood alcohol levels, refusing a breathalyzer test, or causing injury or death while driving under the influence.
Underage DUI
California has a zero-tolerance policy for drivers under 21. Any detectable alcohol in their system can result in a DUI charge, even if their blood alcohol content is below 0.08%.
Commercial Drivers
Commercial vehicle drivers in California are subject to stricter DUI regulations, with lower BAC limits and more severe consequences for violations.
Personal Injury Claims in Drunk Driving Accidents
Personal injury claims in drunk driving accidents are legal actions taken by drunk driving accident victims who have been injured or suffered damages as a result of a drunk driver’s negligence. These potential claims aim to provide financial compensation to the victims for their financial losses and injuries.
Here are the key aspects of personal injury claims in drunk driving accidents:
- Liability and negligence – The foundation of a personal injury claim in a drunk driving accident is proving that the drunk driver was negligent. In most cases, driving under the influence of alcohol or drugs is considered negligence per se, meaning that it is inherently reckless behavior. Certain factors such as police reports, sobriety tests, and witness statements will be taken into consideration when determining liability.
- Types of damages – Damages aim to compensate the injured person for the losses they have incurred as a result of the accident or incident. Damages can be divided into two main categories: economic and non-economic.
- Wrongful Death – In cases where the accident resulted in a fatality, surviving family members can file a wrongful death claim for damages. Compensation for these damages often covers burial expenses and funeral costs as well.
- Insurance Coverage – In many cases, the drunk driver’s auto insurance policy will cover damages resulting from the accident. However, there may be limitations on coverage, especially if the driver has insufficient insurance or if the damages exceed insurance policy limits.
- Legal Process – Filing a personal injury claim involves a legal process that typically includes the following steps:
- Investigation – Gathering evidence, including police reports, witness statements, medical records, and accident reconstruction if necessary.
- Negotiation – Attempting to reach a settlement with the at-fault driver’s insurance company.
- Filing a Lawsuit – If a fair settlement cannot be reached, the plaintiff may file a personal injury lawsuit.
- Discovery – Both parties exchange information and evidence related to the case.
- Trial – If no hit by drunk driver settlement is reached during negotiations or pre-trial proceedings, the case may go to trial, where a judge or jury will determine the outcome.
- Legal Representation – It is highly recommended to consult with an experienced personal injury attorney when pursuing a drunk driving accident claim. An experienced lawyer can offer legal assistance and help navigate the accident settlement process, gather evidence, negotiate with insurance companies, and advocate for fair compensation.
Injured in a drunk driving accident? You may be eligible for compensation.
Factors Affecting Drunk Driving Accident Settlement Amounts
Several factors can influence the average settlement for drunk driving accidents. They can vary widely from case to case, and the final settlement amount depends on the specific circumstances and the negotiation skills of the parties involved.
Here are some elements that can affect a hit by drunk driver settlement amount:
1. Severity of Injuries – The extent and severity of the injuries sustained by the victim play a significant role in determining the settlement amount. More severe injuries that result in long-term or permanent disabilities generally lead to higher settlements.
2. Medical Costs – The total cost of medical treatment, including emergency care, rehabilitation, medication, ongoing care, and more are crucial factors. The higher the medical expenses, the higher the potential settlement.
3. Future medical needs – If the victim will require ongoing medical treatment, therapies, or surgeries in the future, this can significantly impact the settlement amount. Future medical expenses are estimated and factored into the settlement.
4. Loss of wages and income – Compensation for lost wages due to the accident, including time off work for recovery and future income loss (if the victim cannot return to their previous occupation), is considered in the settlement negotiations.
5. Pain and suffering – Non-economic damages, such as pain from a physical injury, emotional distress, loss of enjoyment of life, and loss of consortium are challenging to quantify but are important components of a hit by drunk driver settlement. The severity of noneconomic damages can vary widely based on the circumstances.
6. Property damage – The cost of vehicle repairs or replacing damaged vehicles or property is a tangible factor considered in the settlement.
7. Insurance coverage – The at-fault DUI driver’s insurance policy limits can affect the maximum settlement amount. If the at-fault party has limited coverage, it may not be possible to recover damages exceeding their policy limits unless there are additional sources of compensation.
8. Liability and Fault – Determining liability and the extent of fault in the accident is critical. In some cases, shared liability may reduce the overall settlement amount.
9. Punitive damages – In cases of extreme recklessness or intentional misconduct, punitive damages may be awarded to punish the responsible party and deter similar behavior. These damages can significantly increase the overall settlement.
Remember that each personal injury case is unique, and the specific combination of these factors will determine the final settlement amount.
Injured in a Drunk Driving Accident? Hire an Award-Winning Lawyer Today!
Drunk driving accident cases can be difficult to handle, not only will it get in the way of a peaceful recovery, but dealing with insurance carriers may be a complex process. Some insurance adjusters may use your vulnerability to cheat you out of a fair settlement offer. Our experienced attorneys are here to make sure that doesn’t happen.
If you or a loved one have been injured in a drunk driving accident due to the negligence of another person, you may be eligible to file a claim and recover compensation for your injuries and damages. Our team has years of experience handling drunk driving accident claims, and we have won millions of dollars for thousands of clients.
We work on a contingency fee basis. This means you won’t need to pay us a single cent unless we win your case. Contact us today at (844) 824-2955 for a free case consultation. We are available 24/7!
