What Are the Consequences of a DUI Accident?
Driving under the influence (DUI) is a serious offense with far-reaching consequences. These consequences can be even more severe when a DUI results in an accident. In California, DUI accidents are treated with the utmost seriousness by law enforcement and the courts, so it's important to understand the potential liabilities of accidents that occur while driving under the influence.
At the Law Offices of Steven Zwick, we understand the impact a DUI accident can have. We strive to outline the potential consequences of DUI accidents and provide experienced legal guidance on how to seek justice if you or a loved one has been affected.
Criminal Consequences of a DUI Accident in California
A DUI accident is more than just a traffic offense; it's a criminal matter that carries significant legal penalties. If someone is injured or killed as a result of a DUI, the consequences for the responsible party can quickly escalate from a misdemeanor to a felony.
The exact penalties for a DUI accident depend on several factors, including the severity of the injuries, whether the blood alcohol concentration (BAC) of the driver is 0.08% or over for drivers over 21, and any prior DUI convictions.
Misdemeanor vs. Felony Charges
A first-time DUI accident where no injuries occur is typically charged as a misdemeanor. However, if an accident leads to bodily harm or death, the driver may face a felony DUI charge.
Under California Vehicle Code Section 23153, a DUI becomes a felony if anyone other than the intoxicated driver is injured or killed in the accident. Penalties for a felony DUI conviction can include up to ten years or more in prison, substantial fines, and a permanent criminal record.
Additional Criminal Penalties for DUI Accidents
Drivers involved in a DUI accident may also face other charges, including vehicular manslaughter or even second-degree murder in cases of gross negligence. California law distinguishes between vehicular manslaughter with ordinary negligence and gross vehicular manslaughter while intoxicated, which can be penalized with four to ten years in prison.
DUI drivers who have previously been convicted of a DUI and were warned about the dangers of impaired driving may also face second-degree murder charges, as established under the "Watson murder" rule.
Sentencing Enhancements
California courts take a strict stance against DUI accidents and may add sentencing enhancements that increase the penalties for certain aggravating factors. For example, having a BAC of 0.15% or higher, causing multiple injuries, fleeing the scene of the accident, or having prior DUI convictions can result in harsher punishments.
Civil Consequences of a DUI Accident
The consequences of a DUI accident extend beyond criminal penalties for the responsible parties. Victims of DUI accidents may pursue civil lawsuits to obtain compensation for any injuries or damages that occur. If you or a loved one has been injured due to a DUI accident, it is important to understand your rights under California law.
Comparative Negligence in California
California follows a "pure comparative negligence" standard. This means that even if you are found to be partially at fault for the accident, even if you are the victim, you may still recover damages. However, your compensation will be reduced by your percentage of fault. For example, if you're found to be 20% at fault, your total compensation will be reduced by 20%.
Wrongful Death Claims
If a DUI accident results in the death of a loved one, you may be able to file a wrongful death lawsuit if you are the deceased's surviving spouse, domestic partner, or child. The potential recoverable compensation in these cases may cover funeral and burial expenses, loss of financial support, and loss of companionship.
The Impact on Victims and Families
DUI accidents don’t just affect the driver. They often leave a lasting impact on the lives of victims and their families. Injuries resulting from DUI accidents can range from minor cuts and bruises to debilitating spinal cord injuries and traumatic brain injuries.
These life-altering consequences can place an enormous emotional and financial burden on victims and their loved ones. Families who lose a loved one in a DUI accident may experience overwhelming grief, along with the struggle to adapt to life without their family member.
Potential Compensation for DUI Accident Damages
If you or a loved one were a victim of a DUI accident, you can file a personal injury claim or wrongful death claim against the impaired driver to recover compensation for any injuries or damages you suffered and to hold the impaired driver accountable for their actions. Some common types of compensation may include:
Medical expenses: This includes both current and future costs for surgeries, hospital stays, physical therapy, and medications, among other expenses.
Lost wages: If you are unable to work due to the accident, you may be able to recover compensation for lost income, as well as any future reduced earning capacity.
Pain and suffering: This encompasses compensation for any physical pain, emotional suffering, and reduced quality of life caused by the accident.
Property damage: You may also be eligible to recover the cost of repairing or replacing their damaged vehicle or other property.
Punitive damages: The court may award punitive damages in DUI accident cases where the driver’s misconduct was especially reckless or egregious, such as having a significantly high BAC level or prior DUI convictions.
What To Do If You’ve Been Affected by a DUI Accident
If you or a loved one has been injured in a DUI accident, it’s important to act quickly to protect your rights and pursue compensation. The primary steps you should follow immediately after a DUI accident include:
Seek medical attention: It’s essential to get checked by a medical professional immediately after an accident even if you feel fine. Some injuries, such as internal bleeding or whiplash, may not be immediately apparent and could lead to complications down the line if left untreated.
Document the accident: Take photos of the accident scene, including any vehicle damage, injuries, and any relevant road conditions. This can serve as vital evidence when supporting your claim for compensation of punitive damages.
Contact law enforcement: Call law enforcement to the scene and file an official police report of the incident. Be sure to obtain a copy of the accident report for your records.
Consult with an attorney: Working with an experienced attorney can significantly impact your ability to handle the legal proceedings and pursue the compensation you deserve.
Reach Out for Compassionate Legal Support
At the Law Offices of Steven Zwick, we're committed to helping victims of DUI accidents hold the responsible parties accountable. Our experienced attorneys understand the emotional and financial toll DUI accidents can take, and we are here to guide you through the legal process.
With decades of experience, we strive to work diligently to help ensure you and your family pursue the compensation and justice you deserve. If you or a loved one has been affected by a DUI accident, contact us today to schedule a free initial consultation.
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