You have the right to sue for damages if an intoxicated or drunk driver in California injures you. A drunk driver does not need to face DUI charges before you can file a civil lawsuit against them. Potential victims who could sue for damages include pedestrians, occupants of other vehicles, and passengers in the DUI driver's car. According to California law, you only need to provide substantial evidence that the driver was negligent. A driver could be negligent if he/she does the following:

  • Does not apply reasonable care to prevent harm to others
  • If he/she is negligent per se by failing to observe statutes like driving under the influence — VC 23152(a), driving with BAC higher than the legal limit, and refusing to take a DUI chemical test, VC 23612(a)

DUI Laws In California

California State has several laws related to drinking and driving or driving under the influence of drugs. The common DUI laws include:

Laws For Underage Drivers ‘’Zero-Tolerance’’ — Vehicle Code 23136

According to this statute, it is an infraction for an underage motorist to have a BAC of 0.01% or more in their system while driving. Even if this charge does not technically amount to DUI, it is still a violation of the law. An underage motorist would be negligent per se upon being sued in a civil lawsuit and testing positive for alcohol. However, in this case, you would still be required to provide sufficient evidence that the motorist's impairment caused the accident. It could be difficult for you to prove this if the driver only violated VC 23136.

Underage DUI — Vehicle Code 23140

It is a crime under VC 23140 for a motorist below 21 years to drive with a BAC of 0.05% or more in their system. Therefore, a motorist under 21 years with a BAC of 0.05% or more would be considered too drunk to be behind the wheel even if he/she is not impaired.

Driving Under The Influence — Vehicle Code 23152(a), (f), And (g)

The primary DUI law in California is outlined in VC 23152. It is an offense under VC 23152(a) to drive a vehicle while under the influence of drugs or alcohol or the combined influence of both alcohol and drugs. A motorist could be under the influence if their mental or physical abilities are impaired to the level that he/she can no longer operate the vehicle as a sober person would do.

‘’Per se’’ DUI For Drivers Over 21 Years — VC  23152(b)

Under this statute, it is a crime for any person 21 years or older to operate a vehicle with a blood alcohol concentration of 0.08% or more. Under VC 23152(b), a DUI chemical test is used to measure the BAC of a motorist. Usually, a DUI blood test or DUI breath test is conducted once a suspected motorist is arrested. A motorist must undergo a blood test if the police suspect drug use.

Driving While Addicted To A Drug — Vehicle Code 23152(c)

According to California VC 23152(c), it is illegal for any individual who is addicted to the use of any drug to operate a vehicle. This includes over-the-counter medications and prescriptions. The individuals participating in a court-approved narcotics treatment program for opioid dependence are exempted from this statute. In this situation, using substances like buprenorphine, methadone, or Levo-Alpha AcetylMethadol, abbreviated as LAAM does not amount to a violation of vehicle code 23152(c). However, a motorist using these substances would still be negligent for other reasons.

Excess BAC CDL — Vehicle Code 23152(d)

Under VC 23152(d), it is a crime to operate a commercial vehicle with a BAC of 0.04% or more. This crime is also referred to as ''excess BAC commercial driver’s license (CDL)''. In addition, the motorists who drive commercial vehicles from state to state are also subject to Federal Motor Carrier Safety Laws.

DUI By Taxi, Ride-Sharing, Or Limo Drivers — VC Section 23152(e)

From July 1, 2018, it was declared unlawful for any person to operate a vehicle with a BAC of 0.04% or higher while a passenger for hire is on board. Any individual in a car paying for the driver's services is a passenger for hire. The drivers of ride-sharing services  like Limo and taxis and Lyft or Uber drivers fall under this category.

Chemical Test Refusal — Vehicle Code 23612(a)

California's ''implied consent'' law is set forth by VC 23612(a). The statute outlines that drivers should consent to a chemical test if legally arrested on suspicion of DUI while driving in California. It is a crime under VC 23612(a) for any motorist to refuse to take a chemical test. Therefore, a motorist who refuses to take a blood or breath test is negligent per se. The jury would conclude that the motorist was inebriated for refusing to take a test in this case.

Federal Motor Carrier Safety Regulations

In the United States, federal law does not allow state-to-state motorists of commercial vehicles to drive under the influence. Commercial motorists are also prohibited from driving under the following, among other prohibitions:

  • With a BAC of 0.04 or more
  • Driving while performing any safety-sensitive functions with a controlled substance in their body, except in limited circumstances

Driver’s Negligence Defined Under California Law

In California, motorists owe a duty of care to pedestrians and other motorists. If a motorist fails to observe reasonable care to avoid harming others while driving, he/she is negligent. Under California law, a motorist could also be deemed negligent per se. In the Latin language, ''per se'' means ''of itself''. Negligence ''per se'' arises if a motorist violates a statute or law meant to safeguard pedestrians and other drivers. Therefore, failure to observe the law is, in and of itself, evidence of negligence.

‘’Negligence per se’’ Law In California

A motorist is presumed negligent under California’s negligence ‘’per se’’ law if he/she does the following:

  • Violates an ordinance, statute, or law
  • Causes an injury to someone else as a result of breaking the law

Once you introduce proof of negligence per se, the motorist would have a burden to prove that:

  • He/she did not violate the law
  • Your injury was not a result of a statute violation

Filing A Lawsuit Against A Drunk Motorist In California

The law in California allows you to file a lawsuit for damages if you are hit, or a drugged or drunk driver injures you. A motorist could be intoxicated if the drug or alcohol impairs their ability to drive a vehicle safely. You would need to prove that:

  • The motorist was negligent
  • The motorist was under the influence
  • You suffered damages as a result of negligence

It is important to note that you must still prove that the violation of the law caused your injuries regardless of what DUI law the motorist violated. This is because civil liability laws and criminal laws in California have different burdens of proof, and they serve varying purposes. Therefore, a motorist being guilty of a DUI crime alone would not be a prerequisite to charge them for the damages in California.

Establishing Guilt In A California DUI Lawsuit

In California, DUI criminal laws are enacted to punish drunk motorists and prohibit others from driving while intoxicated. The evidence of guilt must be provided beyond a reasonable doubt, and all 12 jurors must conquer with the evidence provided.

Civil liability law compensates the victims of wrongful acts, and the'' preponderance of the evidence'' needs to establish the liability. In the DUI lawsuit, ‘’preponderance of the evidence’’ means it is ‘’more likely than not’’ that the motorist drove under drug or alcohol influence and injured the plaintiff. This case requires only nine of the twelve jurors to agree with the evidence provided.

Whether A DUI Conviction Is An Indication Of Negligence

A charge with DUI is substantial evidence that the motorist was negligent per se. This is because, under California law, violation of DUI law constitutes per se negligence. Therefore, even if a motorist pleads to a California dry reckless or other vehicle code violation and avoids a jail term, he/she would still be negligent per se.

A motorist could be responsible for a civil lawsuit for a DUI accident that does not prove them guilty under DUI criminal laws in California. In this case, the motorist has the right to provide evidence indicating that their impairment did not cause the plaintiff's damages. The motorist could provide proof like:

  • Impairment did not cause the accident
  • The accident did not cause the plaintiff’s injuries

Damages You Could Recover In A DUI Motorist Lawsuit

The compensatory damages you could recover in a settlement from a DUI motorist include:

  • Lost earning capacity
  • Physical or occupational rehabilitation
  • Loss of enjoyment of life
  • Lost wages
  • Medical bills
  • Pain and suffering
  • Long-or short-term care
  • Psychological counseling

You would need to provide evidence in each case that:

  • You suffered the above damages
  • The motorist’s negligence caused your damages

If a drunk driver injures you, California law permits you to recover punitive damages. You must prove by convincing and unmistakable evidence to recover punitive damages. You must show that the motorist was guilty of malice, oppression, or fraud. Usually, malice is what would apply in a case involving drunk driving. Malice, in this context, does not mean evil intent. Instead, according to California Civil Code 329(c)(a), malice refers to the behavior intended to cause injury to the plaintiff. It also means despicable behavior carried on by the defendant with conscious and willful disregard for the safety or rights of others.

Under the ‘’ malice’’ test, you must justify an award of punitive damages by establishing that:

  • The motorist knew the probable dangerous consequences of their behavior
  • The motorist deliberately and willfully failed to avoid those consequences

The Supreme Court in California highlights that ‘’malice’’ test is met when:

  • The driver voluntarily takes drugs or alcoholic beverages to the level of intoxication
  • The driver knows he/she must thereafter drive a vehicle

Additionally, relatives and families of injured individuals who drunk motorists hit could also recover damages in a lawsuit. The recovery could be based on:

  • A California ‘’survival’’ action
  • Loss of consortium
  • Wrongful death

All the above causes of action could result from the loss of financial support and companionship of a loved one. Often, punitive damages could be recoverable if a DUI driver hits one family member.

Wrongful Death and Drunk Driving

Often, a wrongful death lawsuit is a mechanism family members of the deceased employ to ensure that persons surviving the deceased are compensated. For example, if a DUI motorist kills your loved one, you or another appointed representative could seek compensation for wrongful death on behalf of the loved one's estate. Wrongful death lawsuits are different from standard personal injury negligence lawsuits, but they follow the exact roadmap.

Damage Calculations In DUI Lawsuits

While seeking compensation in any civil case, the nightmare is calculating the possible damages owed to help you recover fully after the DUI accident. Often, you will receive compensation based on the damages suffered and the estimated injury recovery period. If you settle the case successfully with the DUI motorist, the calculations will be within what the liable motorist can afford. However, the attorney will give a range of what to expect.

When An Accident Is Partly Your Fault

Just because another motorist drives under the influence and the accident happens does not automatically mean he/she was 100% liable for the accident. The judges in California often adopt a ‘’comparative fault’’ standard of negligence. Comparative fault is also known as shared fault or comparative negligence. Comparative fault gives the jury in California an opportunity to determine fault for an accident where two or more parties are involved. California is different from other States like Nevada because its law does not need the motorist to be 50% or more to be liable for the victim's injury. Therefore, you could file a lawsuit against an intoxicated motorist even if he/she was only slightly at fault.

DUI Drivers and Insurance Cover In California

In California, most auto insurance policies would cover the victim's damages if a policyholder injures another person while driving drunk. You could recover compensatory damages like medical bills under:

  • The DUI motorist’s third-party auto liability insurance
  • Your own underinsured or uninsured motorist policy

However, you could file a lawsuit against a motorist directly if:

  • The aggregate policy limits of all applicable policies do not cover your damages
  • No insurance covers the accident

The California public policy does not allow an award of punitive damages by an insurer. Therefore, you would be forced to attempt to recover punitive damages directly from the motorist if the court awards you. It could, however, be a tall order for you if the motorist has too little or no assets to cover the total award.

Fortunately, the good news is that the insurance company would still compensate you for the damages, like car repair and medical bills. A competent California car accident attorney will come in handy in this case. he/she will help you analyze the motorist's assets and your case and advise you appropriately if it would be essential to file a suit. You could also recover damages through a California small claims court worth $10,000.

The Action You Should Take When Hit By A Drunk Driver

You should call the police if possible when an intoxicated driver hits you. A chemical test and a police report are vital in proving whether a motorist was driving while high or drunk. You could also take specific actions whether the motorist was intoxicated or not. Apart from getting information from another driver, you should note down the following:

  • Insurance policy number
  • License plate number
  • Insurance company name and phone number
  • The name of the motorist
  • Vehicle identification number
  • Motorist’s license number

The videos or photos of the accident scene and vehicles involved are crucial. Writing down everything you could recall about the accident is also a good idea. The information you gather will be required if you decide to make an insurance claim or file a lawsuit against the motorist.

Find An Orange County Personal Injury Attorney Near Me

The best way to establish whether you should file a claim against a drunk driver is to contact a responsive and competent personal injury attorney as promptly as possible. The sooner you obtain the services of an attorney, the more effective he/she will investigate and gather evidence to begin developing a strategy for your claim. At the Orange County Personal Injury Attorney, we invite you to learn how our history of success and extensive experience could benefit you. We are ready to offer the caring and seasoned legal counsel you deserve. Contact us at 714-876-1959 and talk to one of our attorneys.