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If you or someone you know was involved in an automobile accident caused by a person driving under the influence, there are important facts that you should know in order to get justice for your suffering.
Driving while intoxicated, whether it is alcohol or drugs, is illegal. In California, a drunk driver could be charged with a misdemeanor DUI or a felony DUI, depending on the severity of the situation. But if a drunk driver causes injury to a third party, he/she automatically receives a felony DUI charge.
Immediately after the accident, call the police if possible. Once the police arrive, they can assess the scene and arrest the other driver. Paramedics will also arrive so if anyone is injured medical attention can quickly be supplied.
Filing a police report is essential in a case like this. Because driving under the influence is a crime, the details of the accident must be recorded to use in the future trial. Once the police have the criminal in custody, they can test him/her for the blood alcohol content (BAC). A BAC of 0.08% or higher is illegal in California.
As soon as possible, you should contact an attorney. When criminal activity is involved, filing an insurance claim on your own is more difficult. And with an attorney, you have the higher probability of receiving full recompense as well as punitive damages for serious injuries or death. Punitive damages are extra compensation for your suffering that isn’t physically evident, such as emotional stress and anxiety.
For automobile accidents, insurance companies cover at least some of past and future medical bills; past and future wage loss; and auto repair. When a DUI is involved in your accident, you are entitled to the same compensation, as well as out-of-pocket money from the offender (punitive damages). This settlement is awarded by a judge and jury as they see fit.
No matter how serious the injuries are, you should always work with an attorney if your car accident was caused by a drunk driver. DUI penalties are given not simply to punish the offenders but also to deter future occurrences. If no charges are brought to the driver then he/she may feel no responsibility or remorse for his/her actions and is likely to commit the same crime again. Perhaps your accident with that driver was not fatal, but his/her next one could be.
