Drunk Driving Accidents

Drunk Driving Accidents

Driving while intoxicated, whether by alcohol, marijuana, or other substance, is illegal under California law and gives rise to not only negligence but the potential for punitive damages. Intoxication is one of the most dangerous and reckless activities a driver can engage in, and as your attorneys, we will make certain that you are afforded the fullest extent of the damages available under the law in such cases. Here are some of the issues relating to intoxication cases:

DRIVING WHILE INTOXICATED IS A DIRECT VIOLATION OF THE CALIFORNIA VEHICLE CODE: Driving while intoxicated, or in the case of a minor, even while in possession of marijuana or alcohol in a vehicle, is a crime. These types of laws establish negligence.


Specifically, California Vehicle Code Section 23152-23229.1 states in pertinent part: 

(a) It is unlawful for any person who is under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle.  

(b) It is unlawful for any person who has 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle.  For purposes of this article and Section 34501.16, percent, by weight, of alcohol in a person's blood is based upon grams of alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath.

In any prosecution under this subdivision, it is a rebuttable presumption that the person had 0.08 percent or more, by weight, of alcohol in his or her blood at the time of driving the vehicle if the person had 0.08 percent or more, by weight, of alcohol in his or her blood at the time of the performance of a chemical test within three hours after the driving.

(c) It is unlawful for any person who is addicted to the use of any drug to drive a vehicle. This subdivision shall not apply to a person who is participating in a narcotic treatment program approved pursuant to Article 3 (commencing with Section 11875) of Chapter 1 of Part 3 of Division 10.5 of the Health and Safety Code.

(d) It is unlawful for any person who has 0.04 percent or more, by weight, of alcohol in his or her blood to drive a commercial motor vehicle, as defined in Section 15210.

DRIVING WHILE INTOXICATED CAN GIVE RISE TO NEGLIGENCE PER SE AND PUNITIVE DAMAGES: In most auto accident injury cases, the fault is established by common law negligence. This is also codified with California Civil Code Section 1714 which provides that every wrongdoer is responsible for injuries caused by their lack of ordinary care. However, since driving while intoxicated is a violation of California statutory law as cited above, it can be considered "negligence per se", which shifts the burden of proof and makes establishing liability much easier, especially in contested liability cases. Furthermore, California law establishes the ability of the injured party to recover punitive damages to punish and deter intoxicated drivers from doing such in the future. Taylor v. Superior Court (1979) 24 Cal.3d 890.

 

INSURANCE CARRIERS WILL UNDERVALUE YOUR DRUNK DRIVING CASE AND WILL FIGHT IT ON OTHER GROUNDS: Verdicts for drunk driving cases can be huge. As such, it is critically important to consult with an attorney immediately after an accident to ensure all evidence of intoxication is properly preserved and identified for purposes of the lawsuit, as well as proper identification of the nature and extent of the injuries resulting from the car crash. Punitive damages are a powerful tool in obtaining an amount that any fair-minded jury would award in your case. Insurance carriers rarely offer a settlement amount that your attorney will obtain, and will usually try to undermine your case relating to the causation of injuries, accuse you of malingering treatment, etc., even when drunk driving liability has been established.

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