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Understanding California’s DUI accident laws is essential for protecting your rights, especially when it comes to securing compensation after an accident. Without a clear understanding of these laws, you risk missing critical deadlines, facing unjust penalties, or losing the opportunity to seek compensation.
At Countrywide Trial Lawyers, we’ve seen how difficult it can be to navigate DUI accident cases, especially when complex DUI laws are involved. Whether you’re seeking financial recovery for your injuries or defending yourself against a claim, understanding the law is crucial.
Here, we’ll break down the key regulations and penalties and explain how liability and compensation are determined in DUI accidents. By understanding California’s DUI accident laws, you can make informed decisions and ensure you’re taking the right actions if you ever find yourself in this situation.
When a DUI-related accident occurs, two separate areas of the law may come into play: civil liability and criminal liability. Criminal liability focuses on punishing the driver who violated DUI laws, while civil liability focuses on compensating the people who were harmed.
Criminal charges are brought by the state and are governed by California Vehicle Code Section 23152. This is because the driver must be held accountable for violating DUI laws. Penalties can range from jail time and probation to heavy fines and the suspension or revocation of the driver’s license. Criminal cases are prosecuted in criminal court, where the burden of proof is high—beyond a reasonable doubt.
Civil liability is different. If you’ve been injured in a DUI-related accident, civil law gives you the right to file a claim for compensation. The goal here is not to punish the driver but to make you whole again. Civil claims are typically handled in civil court, where the standard of proof is lower. This means you only need to prove that it’s more likely than not that the other party was responsible for the accident. You can pursue damages for medical expenses, lost wages, pain and suffering, and other financial losses.
A DUI conviction in criminal court can strengthen a civil case. If the other driver is found guilty of DUI, that conviction can be used as evidence to support your claim for compensation. It demonstrates that the driver was negligent or reckless, which can make it easier to recover damages.
California’s financial responsibility laws require every driver to have liability insurance to cover the costs of accidents. If you’re involved in a DUI accident, the insurance coverage of the at-fault driver becomes a critical factor in recovering compensation for your injuries, property damage, and other losses.
California requires drivers to have minimum liability insurance coverage of $15,000 for bodily injury per person, $30,000 for bodily injury per accident, and $5,000 for property damage. While these minimums offer some protection, they are often not enough to cover the full cost of serious injuries or significant property damage. If the driver responsible for the accident doesn’t have enough insurance—or no insurance at all—you may have to turn to your own uninsured or underinsured motorist (UM/UIM) coverage.
Without proper insurance, the at-fault driver faces severe consequences. The DMV can suspend their driver’s license, and they may be personally liable for any damages beyond their policy limits. This is why having uninsured motorist coverage is so important. It ensures that you can still recover compensation even if the other driver is uninsured or underinsured.
California follows a comparative negligence law, meaning that if both parties share responsibility for an accident, damages will be divided according to the percentage of fault. For DUI accidents, this could mean that even if the DUI driver is primarily responsible for the collision, you might also be partially at fault if there were any actions on your part that contributed to the crash.
For example, if you were speeding or did not follow traffic laws properly, the court might determine that you share a portion of the blame. In such cases, your compensation will be reduced in proportion to your level of fault. If you are found 20% responsible, your compensation will be reduced by 20%.
You need to be aware of how comparative negligence might impact their case. Even if you were partly at fault, you can still pursue a personal injury claim. It’s not uncommon for insurance companies to argue that you were partially at fault, even when the other driver was intoxicated. It is essential to consult with an attorney who can help determine the degree of fault and ensure that you receive the appropriate amount of compensation for your injuries.
When a driver involved in a DUI accident flees the scene, it becomes a hit-and-run case. California law requires drivers to remain at the scene, provide contact information, and assist anyone who is injured. Failing to do so is a violation of California Vehicle Code Section 20001 and carries serious penalties.
The penalties for a hit-and-run depend on the severity of the accident. If there is only property damage, the driver may face fines and up to six months in jail. However, if the accident results in injury or death, the penalties increase significantly. The driver could be charged with a felony and face multiple years in state prison, large fines, and a permanent criminal record.
A hit-and-run can also affect your ability to recover compensation. If the driver flees the scene and isn’t found, you may have to rely on your uninsured motorist coverage to pay for your injuries and property damage. It’s important to file a police report and notify your insurance company as soon as possible after a hit-and-run accident.
While dealing with the aftermath of a hit-and-run DUI can be stressful, working with a Los Angeles DUI accident lawyer can help streamline the process. A skilled attorney will assist in gathering evidence and dealing with insurance companies to ensure you receive the compensation you deserve.
The statute of limitations is the deadline for filing a lawsuit after a DUI accident. In California, you generally have two years from the date of the accident to file a personal injury claim. If you fail to take action within this time frame, you may lose your right to pursue compensation for your injuries.
There are exceptions to this rule. For example, if the at-fault driver flees the state or goes into hiding, the statute of limitations may be paused until the driver is located. Additionally, if the victim of the DUI accident is a minor, the two-year period may not begin until they turn 18. In some cases, the period may be extended, such as in cases where the injury symptoms are not immediately apparent or the responsible party was a government entity.
It’s crucial to seek legal advice quickly after a DUI accident to ensure you understand the deadlines that apply to your case and to begin the process of securing compensation for your injuries.
If you’ve been injured in a DUI accident, you have the right to seek compensation for the harm you’ve suffered. California law allows you to pursue a personal injury claim to recover money for medical bills, lost wages, pain and suffering, and other expenses. In some cases, you may also be entitled to punitive damages, which are designed to punish the at-fault driver for egregious misconduct, such as driving under the influence.
You also have the right to be informed and involved in the criminal proceedings against the drunk driver. As a victim, you may have the opportunity to submit a victim impact statement, which can be considered during sentencing. Additionally, if the driver is convicted, the court may order them to pay restitution to you as part of their criminal penalties.
Victims’ compensation programs in California can also provide financial assistance. These programs are designed to help victims of crimes, including DUI accidents, by covering certain expenses like medical bills, funeral costs, and counseling services.
If a DUI accident results in a fatality, the at-fault driver faces the most severe penalties under California DUI laws. In addition to felony DUI charges, the driver may lose their driving privileges for an extended period—or even permanently. The DMV has the authority to revoke the driver’s license, meaning they cannot drive at all until they go through a lengthy reinstatement process.
Unlike a license suspension, which is temporary, a revocation requires the driver to reapply for a license once the revocation period ends. This process often involves additional fees, proof of financial responsibility, and participation in DUI education programs. For victims, knowing that the driver who caused the fatal accident is no longer on the road can provide some sense of justice.
California requires some drivers convicted of DUI to install an ignition interlock device (IID) in their vehicles. This device measures the driver’s blood alcohol content (BAC) before allowing the vehicle to start. If alcohol is detected, the vehicle will not start.
For certain DUI offenders, the use of an IID is mandatory, especially for those with prior DUI convictions. Even if the driver is granted a restricted license, they may still be required to have an IID installed. This is meant to prevent repeat offenses and protect other drivers on the road.
The cost of installing and maintaining an IID is typically the responsibility of the driver, not the state. If you’ve been injured in an accident caused by a repeat DUI offender, knowing that the court can impose an IID requirement on that driver can provide some reassurance that steps are being taken to prevent future harm.
If you are involved in a DUI accident in Los Angeles where the driver is intoxicated and causes bodily injury, this could result in a felony DUI with an injury charge. According to California Vehicle Code Section 23153, when a driver is under the influence of alcohol or drugs, and they cause significant physical harm to another person, they may face severe criminal penalties.
This includes a lengthy prison sentence, heavy fines, and mandatory probation. The severity of the injury will determine the punishment; if the injury is serious, the driver could be facing even harsher consequences.
If you or a loved one has been involved in a DUI accident in Los Angeles, you deserve an experienced legal team that can help you navigate the complex DUI laws in California and secure the compensation you need to recover.
At Countrywide Trial Lawyers, we are committed to fighting for victims of DUI accidents. We understand how overwhelming it can be to deal with injuries, medical bills, and insurance companies, especially when you’re dealing with a drunk driver’s reckless behavior.
Our team has a deep understanding of California’s DUI laws and knows how to handle both civil and criminal aspects of your case. Whether it’s seeking damages for medical expenses, lost wages, or emotional distress, we’re here to ensure you get the justice and financial recovery you deserve. Our experienced attorneys in Los Angeles are dedicated to protecting your rights every step of the way.
Don’t wait to take action—California law has strict deadlines for filing claims, and the sooner you contact us, the better your chances of receiving full compensation. Reach out to Countrywide Trial Lawyers today for a free, no-obligation consultation. We’ll evaluate your case, explain your rights, and guide you through the next steps in your journey to recovery.
Call us now at 844-844-9119, and let us handle the legal complexities while you focus on healing. You don’t have to face this alone—our team is here to help.
Disclaimer: The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute an attorney-client relationship.
