According to Mothers Against Drunk Driving (MADD), drunk driving represented 27% of all traffic accidents in 2015. Additionally, about 1.8% of California adult drivers have reported that they have driven after drinking too much.
While an arrest for driving under the influence often leads to criminal liability, many people fail to take account of the civil penalties that may follow a drunk driver if he or she injured another person or a person’s property while driving under the influence.
In Oakland, the victim of an auto accident that was caused by a driver under the influence may file a third-party personal injury claim to recover damages. The criminal case that the State of California may be pursing is separate from a victim’s civil case. The victim does not recover damages through the criminal system.
An experienced attorney may, however, use the judgment on the merits in a criminal DUI case as evidence of a defendant’s drunk driving in a civil case.
Third Party Claims:
A third-party claim is a civil dispute between an individual and someone else’s insurance company. In a DUI context, the injured victim in a DUI case would file a claim against the driver’s insurance company.
Given that, auto accident insurance generally does not cover monetary damages caused by the insured’s drunk driving. Therefore, the drunk driver is likely to be held personally liable for the victim’s injuries.
Types of Damages:
In a personal injury auto accident claim in Oakland, CA, a victim may seek two types of damages: economic and non-economic damages. Economic damages refer to the tangible losses that a victim suffers. Examples may include: medical expenses, lost wages, or other monetary loss.
Non-economic damages refer to the damages suffered that do not have a definite value. The typical examples of non-economic damages are pain and suffering damages or damages for loss of consortium.
To learn more about a personal injury DUI claim in Oakland, California, speak with the experienced DUI defense attorneys at Ticket Crushers. Our lawyers can help you navigate the potential civil consequences of driving under the influence, including any third-party claims.
The attorneys at Ticket Crushers represent clients throughout the San Francisco Bay Area, Valley, and Coast for driving under the influence charges.
Call us at 1-866-842-5384 now to schedule a free consultation.