When a Drunk Driver Causes Injuries or Death

California does not have a dram shop law that holds restaurants, bars, or liquor stores liable for serving people who later injure or kill others in drunk driving accidents (the only exception is in cases where minors are served alcohol.) As a result, victims of drunk drivers – or their surviving family members – often suffer substantial losses that often exceed the insurance policy limits of the drunk driver. However, under California law, victims of drunk drivers can pursue civil damages in order to recover costs related to medical expenses, lost wages, and pain and suffering. Additionally, victims of drunk drivers may be awarded punitive damages when gross negligence or a depraved indifference to the well-being and safety of others is evident.

Recovering Damages from Drunk Drivers

When damages exceed a drunk driver’s policy limits, how, then, can an injury victim recover losses? While each case is different, there may be other sources of insurance coverage an attorney can pursue. For example, if a drunk driver has umbrella coverage, it may be possible to recover damages under that policy. If your losses exceed limits on these forms of insurance, it may still be possible to recover some of your losses through various assets held by the drunk driver. While these may not be options for every victim of a drunk driver, it’s important to discuss your case with a lawyer who can determine how best to proceed with your case.

Making a Case against a Drunk Driver

DUIs are criminal matters in California. It’s not uncommon for a drunk driver’s defense attorney to encourage his client to seek alcohol abuse counseling or attend a driver’s education program in order to convince the court to reduce his sentence. During the sentencing phase of a DUI, the drunk driver – or his attorney – may claim in open court that he is no longer drinking, avoids bars, and has changed his ways.

Your attorney can help build your case by attending these hearings and using various investigative techniques to see if the drunk driver that hit you was telling the truth. In many cases, the drunk driver will be seen going into a bar or liquor store or his attendance will drop off at education or counseling programs after his sentence is handed down. Capturing these facts can help your civil case when you sue to the drunk driver that injured you.

You don’t have to be a Victim – Contact Weber & Nierenberg Today

If you’ve been seriously injured or have lost a family member in a drunk driving accident, you do have options. To learn how we can help you hold the drunk driver that hit you liable for their actions, contact San Francisco drunk driving accident injury attorneys at Weber & Nierenberg today.