Can I Sue a Drunk Driver Who Hit Me in Los Angeles?
If you've been hit by a drunk driver in LA, you may be wondering if you can take legal action to receive compensation for your injuries, damages and other losses. The short answer is yes - you have the right to pursue financial recovery by filing a lawsuit against the at-fault driver. Here's an overview of how the process works and what to expect if you decide to sue a drunk driver in Los Angeles.
A Look at Drunk Driver Stats
Around 37 people die in drunk driving accidents every day in the US, and in 2022, there were 13,524 fatalities connected to drunk driving accidents. Stats from the California Office of Traffic Safety reveal that in 2021, 1,370 people died in motor vehicle accidents where alcohol was a factor. That was a 16% increase in 2020. California isn’t the worst state for drunk drivers – that honor goes to Montana – but the Golden State does sit at number 30 on the list, with four drunk drivers involved in fatal car accidents per 100,000 licensed drivers. Of all the cities in California, drunk driving is most common in Los Angeles.
This might be because it’s a popular city for celebrities, thanks to the movie industry connection. Notable celebs who have been busted for DUIs in Los Angeles over the years include Lindsay Lohan, Amanda Bynes, Vince Vaughn, Lamar Odom, and Paris Hilton.
Now let’s look at whether you can sue a celeb - or any other driver - if they cause an accident while under the influence.
Proving Liability in Your DUI Accident Lawsuit
Can I sue a drunk driver who hit me in Los Angeles? In any car accident lawsuit, the first step is proving liability – that the other driver was legally responsible for causing the collision. When alcohol or drugs are involved, this becomes more straightforward. Drunk driving is illegal in California. If the at-fault motorist was over the legal blood alcohol concentration (BAC) limit of 0.08% at the time of the accident, they are automatically considered negligent in causing the crash.
You and your crosswalk accident lawyer will gather evidence to prove the driver’s intoxication and fault, such as:
- Police reports documenting field sobriety test results and BAC readings from breathalyzers or blood tests
- Witness statements
- Video footage from dash cams, surveillance cameras or cell phones
- Photographs of vehicle damage and accident scene
- Receipts showing the at-fault driver was drinking before the accident
- The drunk driver’s own admission or apology
This evidence can powerfully demonstrate that the other motorist’s decision to drive while impaired directly led to the collision and your subsequent injuries and damages. With liability established, you can focus your lawsuit on seeking maximum compensation.
Compensation Available in Drunk Driving Injury Lawsuits
In California, accident victims can recover both economic and non-economic damages through a personal injury lawsuit. Economic damages cover your tangible, out-of-pocket losses such as medical expenses from ambulance transportation, hospitalization, surgeries, physical therapy and other care.
Common Injuries Sustained in Pedestrian Accidents
Pedestrian accidents often result in severe or even fatal injuries due to the human body’s vulnerability when struck by a fast moving vehicle. Head and brain trauma like concussions or skull fractures frequently occur if a pedestrian is hit by the front grill or windshield of a car. Leg and hip fractures are also common if the person is flung onto the hood or roadway. A brain injury lawyer Los Angeles from Karns & Karns Personal Injury and Accident Attorneys can help you get the settlement you deserve.
Blunt force trauma to the chest can cause broken ribs, collapsed lungs, and serious internal organ damage. Spinal cord injuries leading to paralysis are also possible with high impact collisions. In addition to physical harm, pedestrian victims often suffer from psychological trauma like anxiety, PTSD and depression after the terrifying experience.
Prompt medical treatment and long term physical therapy is crucial for helping the injured person recover both physically and mentally from their accident injuries.
Other expenses you can claim for include:
- Lost income and benefits if you missed work due to your injuries
- Property damage to your vehicle or other personal belongings
- Costs of hiring help for household tasks you can’t perform during recovery
Non-economic damages provide compensation for the physical pain, mental anguish and reduced quality of life resulting from the accident injuries. A knowledgeable pedestrian accident lawyer will calculate the full scope of your financial losses – both current and future – to seek maximum compensation through your claim.
The Drunk Driver’s Insurance Company
After an accident, the at-fault driver’s insurance company will be notified. The insurer will investigate the circumstances of the collision, including the sobriety of the insured. Expect the insurer to offer you a quick settlement, likely much lower than your claim is worth. They want to close the claim fast before the full extent of your damages is known.
An experienced pedestrian car accident lawyer such as a Los Angeles brain injury lawyer from Karns & Karns Personal Injury and Accident Attorneys can deal with the insurance company for you. They will submit evidence demanding a fair settlement reflecting the true value of your drunk driving accident claim. If the insurer won’t negotiate reasonably, your attorney can file a lawsuit and take the case to trial.
Many drunk driving accident lawsuits do settle out of court once the insurer realizes they could pay even more in a trial verdict. Your lawyer from Karns & Karns Personal Injury and Accident Attorneys will fight tirelessly to help you recover a full and fair settlement.
Statute of Limitations for Filing a Claim
California law limits the timeframe for injury victims to take legal action after an accident. For drunk driving crashes, you generally have two years from the date when you were injured to file a lawsuit seeking damages. This applies to both minors and adults. Meeting this deadline is essential, so contacting an attorney soon after your crash is important. They can advise you on preserving evidence, recording witness statements and promptly notifying insurance companies while pursuing negotiations or a lawsuit within the two-year timeframe.
Get Help from Karns & Karns Personal Injury and Accident Attorneys
Being injured by a drunk driver often leads to significant medical bills, lost income, pain and emotional trauma. Don’t let the at-fault motorist get away with their negligent and illegal actions behind the wheel. With an experienced personal injury lawyer from Karns & Karns Personal Injury and Accident Attorneys on your side, you can hold drunk drivers fully accountable while receiving the maximum compensation you deserve.
Call 800-4THE-WIN (800-484-3946) today to speak to us!
