Maria Cavalluzzi Personal Injury Law Blog on Lawyers.com

According to a 2008 report by the National Highway Traffic Safety Administration, an estimated 12,998 people were killed in one year in crashes where a vehicle operator had a blood alcohol concentration (BAC) of .08 or higher. While many people are getting the message that if you drink and drive, you will be caught, you will be arrested and you will go to jail, a significant number of alcohol related accidents continue to occur.

If you should find yourself a victim of one of these drunk drivers, and you have, thankfully, survived the accident, you should be aware of the legal remedies available to you as well as your rights as a victim of this crime.

What to do

If you have been in an accident and you suspect the other driver was under the influence of alcohol or drugs, notify local law enforcement immediately to let them know of your suspicion as well as to report the incident. Advise law enforcement of all observations you have made which lead you to the conclusion that the driver is under the influence of alcohol or drugs. Obtain a name and contact information of the investigating officer, this will allow you to follow up on the criminal investigation of the matter as well as to obtain a traffic accident report.

As always, report the accident to your insurance company and obtain the insurance information of the drunk driver.

If your injuries are serious enough to prevent you from any of the above, you will most likely be contacted by a law enforcement officer either in the hospital or at home.

Civil Lawsuit

The drunk driver of the vehicle that hit you is liable for all damages suffered by you. This includes all medical bills, lost wages due to inability to work, pain and suffering, emotional distress, future pain and suffering, future medical expenses etc. Furthermore, the drunk driver may also be required to pay punitive damages. Punitive damages are designed to punish an individual by making them pay additional moneys that go above and beyond the actual damages suffered by the person injured. Any civil lawsuit filed must allege the willful act of drunk driving, committed with reckless disregard for the lives of others, which led to the injuries. The lawsuit must also demand punitive damages.

Criminal Charges

When you are hit by a drunk driver you become the victim in a criminal case. As the victim, you are entitled to payment of restitution. The judge will require the defendant in a drunk driving case to pay directly to the victim any and all economic damages sustained. You will thus be entitled, through the criminal prosecution of the defendant, to receive payment for any and all out of pocket damages suffered by you, including lost wages. Be prepared to provide the prosecutor of the criminal case, along with the judge, with receipts for all expenses you have incurred, including car rental expenses, insurance deductibles, damaged clothing or other lost items, and anything else you can think of that represents a cost incurred by you as a result of being hit by the drunk driver defendant. Keep in mind that you cannot recover the same damages twice, so the damages received through the criminal case cannot be obtained again through the civil case. However, the criminal case may resolve more quickly and thus allow you to obtain those moneys more quickly. You will still want to pursue the civil lawsuit for damages related to pain and suffering and for punitive damages. Also, if you retain an attorney to represent you in a civil lawsuit against the drunk driver, you may be entitled to receive restitution payments for some or all of the attorney fees incurred by you in the civil lawsuit. Most likely, any attorney you retain will accept your case on a contingency fee basis, which means you will PAY NOTHING UP FRONT, but the attorneys fees will be deducted from the settlement of the civil lawsuit. You may still be entitled to additional restitution for some or all of those attorney fees ultimately paid out of your settlement.

Retain a Los Angeles car accident lawyer with experience in both pursuing your civil remedies and protecting your rights as a crime victim, and you will relieve yourself of the stress of juggling these various claims.

The Los Angeles auto accident attorneys at Cavalluzzi & Cavalluzzi have the necessary experience in protecting victims of drunk driving accidents, and they will aggressively pursue all of your rights and remedies as outlined above. Contact us at 310-246-2601, or visit our website at lawyersonsunset.com.