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Drunk Driving Accident Woodland Hills
Claiming compensation for a Woodland Hills drunk driving accident can be challenging. This is because intoxicated driving is a crime in California.
Claiming compensation for a Woodland Hills drunk driving accident can be challenging. This is because intoxicated driving is a crime in California. Therefore, the local district attorney may arrest and charge the fault driver in court.
Proceeding against the drunk driver facing a criminal trial can thus be difficult. That’s why it’s best to hire a Woodland Hills car accident attorney.
A skilled lawyer can ensure you get the compensation you deserve, despite the criminal proceedings. This article explains how your attorney can help you through this compensation process.
How To Get Compensation After a Woodland Hills Drunk Driving Collision
The easiest way to get damages against a drunk driver is to file a negligence claim. This could be a lawsuit or an insurance claim against the responsible driver and their insurance company.
Vehicle drivers owe a duty of care to other road users. Therefore, they must exercise reasonable care while driving. Drunk driving is a breach of this duty of care.
So, it can be the basis of your negligence claim. Furthermore, you can prove that the driver’s impairment made them disobey some traffic rules.
Either of these grounds will be sufficient for your car accident compensation claim. However, your attorney must show that the fault driver’s negligence and drunk driving caused the crash.
Finally, you must also establish that the car accident was responsible for your injuries and other damages. Having proved all these elements, you can recover damages for your losses.
What if the Fault Driver Escapes the DUI Conviction?
Local district attorneys don’t win all the cases they handle. Therefore, a drunk driver can avoid a DUI conviction. Notably, the prosecution may lose the case on a technicality.
However, this doesn’t affect your compensation claim. The standard of proof in a DUI criminal trial is higher than that of a car accident claim.
So, you can still win your car crash case. A DUI conviction only increases your chances of winning. This is because you may use this conviction as evidence of intoxication.
Recoverable Damages in a Woodland Hills Drunk Driving Accident Claim
Suppose you win your car crash lawsuit or insurance claim. Then, you can get the following types of damages:
- Medical bills
- Lost wages
- Loss of earning capacity
- Pain and suffering
- Cost of vehicle repairs
Finally, California law allows you to get punitive damages against an intoxicated driver. However, you must prove:
- Fraud, or
Malice means conduct by the defendant to injure the plaintiff. However, the law also includes the defendant’s despicable conduct with a conscious and willful disregard for the rights and safety of others. Drunk driving falls under this second definition. So, you can claim punitive damages against the drunk driver.
Get the Best Woodland Hills Car Accident Attorneys
Have you been in a drunk driving accident? Then, you may be eligible for compensation. However, you’ll need the best car accident attorney Woodland Hills at your side in order to achieve the best possible outcome. Our firm has an excellent track record of winning car crash cases. So, call us today for a FREE consultation.