In California, the laws concerning drunk driving are strict, and violations carry severe penalties. The State, local governments, and private groups carry on a constant program of advice and warnings not to drink and drive. Drunk driving is a leading cause of severe traffic injuries in California. These are avoidable car or vehicular accidents that sometimes result in permanent loss and can even result in the loss of life for adults and minors alike.
California Law Regarding Drivers Under the Influence
The slowed reactions and poor judgment of impaired or intoxicated drivers is a formula for tragedy. The rule against driving under the influence (DUI) of intoxicating substances includes alcohol, recreational and illegal drugs, and medications.
Alcohol evidence of intoxication varies with the status of the driver. Commercial vehicle operators must not exceed a blood alcohol concentration level of 0.04 percent, and other drivers may not exceed 0.08 percent. Drivers under the age of 21 may not have any traces of alcohol. Tests for illegal drugs, over-the-counter medications, and prescriptions often involve blood draws and analysis; police use field tests, observation, and sobriety testing.
California law permits filing a claim for compensation with an insurer as well as a lawsuit against the individual. The threat of a lawsuit and a jury award forms a powerful motivation to settle a DUI case. The damages can be quite serious and high both in civil and criminal cases.
Compensatory damages are the money that the person causing an injury must pay to make the injured person whole. They include awards for pain and suffering as well as the economic losses like medical expenses, future medical care, lost wages, and reduced ability to earn in the future.
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Punitive damages apply in drunk or impaired driving cases because the conduct of the drunk driver was illegal and in disregard of the safety of others. California law permits an award of punitive damages in DUI lawsuits up to a limit. Punitive damages are a form of punishment for the wrongful conduct of the driver that caused severe injury.
Wrongful death claims arise in the event of a fatal injury. Survivors of the deceased can file an action to recover for pain and suffering, medical and funeral expenses. Wrongful death claims provide recovery for the loss of income, services, and benefits that would have come had the loved one survived or remained alive.
A drunk or impaired driver case may be complicated and lengthy to ensure that victims and families collect the recovery to which they are entitled. DUI lawsuit funding is available throughout California. Depending on the status of your case, you may qualify for pre-settlement and post-settlement cash funds with High Rise Financial. Please contact one of our specialists today by calling (888) 301-5144 to learn more. You can also submit your application online and be informed within 24 hours as to whether you qualify for legal funding.