Is an Intoxicated Driver Always at Fault in an Escondido Crash?

North County Injury Lawyers — Fri, 26 May 2023 14:53:38 GMT

After a motor vehicle crash in Escondido caused by a drunk driver or a drugged driver, is it a given that the intoxicated driver was at fault for the accident? In many (and even most) cases, the answer is yes, but sometimes complications can arise. Our Escondido car accident lawyers can explain.

Negligence and Alcohol or Drug Intoxication

Any motorist who drives under the influence of drugs or alcohol fails to behave as a reasonable driver would and is likely negligent. When a driver is negligent, they can be liable for any injuries in a crash they cause. In a DUI case in California, there are many ways you might be able to prove that the drunk or drugged driver was at fault, such as:

Results from a breathalyzer test;
Results from another type of chemical test;
Restaurant or bar receipts from nearby; and
Witness testimony from witnesses who saw the motorist drinking or using drugs or who saw the driver’s behavior on the road.

Generally speaking, when you have evidence that shows a driver was intoxicated and, therefore, negligent, you can obtain compensation through an insurance claim or a civil lawsuit against that motorist.

Comparative Fault Under California Law

Sometimes, even in DUI or drugged driving cases, the intoxicated driver might argue that the injured plaintiff who filed the claim was partially at fault for the crash. In some cases, it may be possible to prove that the plaintiff was also partially at fault due to negligence.

Yet even if the intoxicated driver is somehow able to show that you were partially at fault for the collision, California law still allows you to recover damages. Indeed, California uses a pure comparative fault system. What this means is that you can recover damages even if you were partially at fault and even if you were up to 99% at fault. As long as the defendant (in your case, the intoxicated driver) was even 1% at fault, that party can still be required to pay you a portion of the damages. However, the total amount of your final damages award will be reduced by any portion of your own negligence. For example, if a court awards $100,000 in a drunk driving case, but the intoxicated driver proves that you were also texting while driving and the court determines you were 10% at fault, your award would be reduced by 10%, or $10,000 in this example, and you would recover $90,000.

Contact an Escondido Car Accident Attorney for Help

In most traffic crash cases caused by an intoxicated driver, you can work with an experienced lawyer to gather the necessary evidence to prove that the intoxicated driver was at fault for the crash. Unlike collisions caused by drowsy driving, for example, there is often clear evidence of intoxicated driving from breathalyzer or chemical test results. DUI cases also can rely on other important evidence, such as witness testimony.

If you need assistance with your auto insurance claim following a collision caused by drunk driving, or if you want to consider a car accident lawsuit against an intoxicated driver, one of the experienced Escondido car accident attorneys at our firm can assist you. Contact the Walton Law Firm today to discuss your case.

California’s Interlock Law and Impaired Driving

North County Injury Lawyers — Fri, 24 Feb 2017 22:59:12 GMT

There is a new impaired-driving law that will take effect in San Diego in 2019, but right now, the law is already in force in certain counties in California, according to a report from AutoConnectedCar.com. Late last year, California Governor Brown signed SB 1046 into law, a piece of legislation that “establishes a statewide ignition interlock device (IID) program to prevent drunk drivers from re-offending.”

Background Information: SB 1046 and the Ignition Interlock Device Program

Given that impaired driving is a major cause of car accidents in California, it is important to take steps to prevent these crashes from occurring in the first place. Changes to California’s law when it comes to ignition interlock devices could be one such significant step in prevent crashes caused by alcohol-impaired driving. According to David Kelly, the Executive Director of the Coalition of Ignition Interlock Manufacturers (CIIM), “this new law is a positive step forward to help slow the revolving door of unlicensed, uninsured drunk drivers who continue driving at the public’s peril.”

As we mentioned, the law is already in effect in a number of California counties. The IID program began as a pilot program in Alameda County, Los Angeles County, Sacramento County, and Tulare County. When Governor Brown signed the legislation, he extended the program in those counties until January 1, 2019, at which time it will take effect in all counties in the state.

What, precisely, will the new law do? It will help to limit the number of drunk drivers on the road who have been arrested previously for drunk driving by “encouraging DUI offenders to participate in a supervised IID program immediately after their driver’s license is suspended.” That program gives the DUI offender “unrestricted driving privileges,” thereby allowing the offender to get to work or to run necessary errands, while also requiring the offender to use the IID in order to start the car. In other words, there are benefits to the offender and to the public: No DUI offender will be able to get behind the wheel of his or her car without proving that there is no alcohol in his or her system.

Get the Facts: DUIs in California

According to the report, anywhere between 50 to 75% of DUI offenders in California drive on suspended licenses. In other words, those DUI offenders drive illegally, and the fact that their licenses have been suspended does not prevent them from getting behind the wheel. Every year, about 1,000 fatalities result from alcohol-impaired motor vehicle accidents in California alone. That statistic does not account for the additional 20,000 injuries that result from crashes caused by impaired driving.

Can IID programs really make a difference? According to MADD, “ignition interlock devices have stopped more than one million drinking-and-driving attempts since 2010 in the four counties participating in California’s . . . pilot program.” As such, there are hopes that, once the law takes effect in all California counties in 2019, we will see a reduction in the number of motor vehicle accidents caused by drunk driving.

In the meantime, if you or someone you love sustained injuries in a motor vehicle collision in Southern California, a San Diego car accident attorney can discuss your options with you. Contact the Walton Law Firm for more information.

(image courtesy of Rsheram)

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Is an Intoxicated Driver Always at Fault in an Escondido Crash?

California’s Interlock Law and Impaired Driving