It is common knowledge that driving under the influence of an intoxicating substance is a crime punishable by law. Under the California Vehicle Code §23152(b), drivers who have 0.08 percent or more of alcohol in their blood system are breaking the law. This amount can be less if the driver is of lesser weight, nonetheless, intoxicated drivers who have caused injuries to another can be held accountable for their negligence.
Negligence, As Stated in California’s Vehicle Code
In accordance to California law, a person who has been injured by an intoxicated driver can file a lawsuit against the driver or the company that hired that driver. Under California law, victims have a right to justice and should be entitled to restitution.
Individuals who have suffered injuries as a result of the driver’s negligence can obtain restitution if the following elements are met:
- The driver owed the victim a duty of care;
- The driver breached the duty of care through negligence (being inebriated); and
- The driver’s negligence was a significant factor in what caused injuries to the victim.
Drivers in the State of California owe a duty of care to those whom they share the road with. Drivers are found to be negligent when they have failed to be reasonably careful.
Filing a Civil Lawsuit
Any personal injury claim in the State of California is subject to a statute of limitations. Victims who seek to file a lawsuit have two years from the time of the accident to bring a case against the negligent driver. Meanwhile, filing a claim for property damage can change. When filing a civil lawsuit, deadlines are very important. Failing to file a lawsuit in the appropriate time can be cause for the case’s dismissal. Auto accident victims that have been injured as a result of a careless drunk driver should consider seeking the legal advice of an experienced personal injury attorney.
Obtain the Legal Support of a Practiced Personal Injury Attorney
Individuals who have been injured as a result of a drunk driving accident are not expected to know the laws regarding filing a personal injury lawsuit. Instead, it can be favorable to seek the legal support of an experienced personal injury attorney.
Personal injury lawsuits involving drunk driving accidents can be very complicated, and injured victims should not go through the process alone. Obtaining the support of a qualified personal injury attorney can allow those who have been injured the opportunity to refocus on their recovery and healing; thereby, allowing the attorney to champion on their behalf.
The Law Offices of Albert E. Hirst specializes in assisting victims of auto accidents understand the legal options available to them. Attorney Albert E. Hirst is qualified in the legal field of auto accident lawsuits and is dedicated to helping those who have suffered as a result of drunk driving accidents. Personal injury lawsuits in the State of California are subject to strict deadlines; consult an experienced and professional attorney as soon as possible.