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California Drunk Driving Victim's Lawyer

Car Accidents Caused by Drunk Driving

Alcohol and automobiles make a dangerous combination. In 2007, nearly 13,000 people died in alcohol-related traffic crashes. Three in every 10 Americans will be involved in an alcohol-related auto accident during their lifetimes.

Drunk Driving Car Accident Laws

Drunk driving is a crime. Conviction can result in fines, imprisonment and loss of one's driver's license. Each state has its own "driving under the influence" (DUI) law, but all make it illegal to operate a motor vehicle while drunk or under the influence of intoxicating drugs. Repeat offenders are subject to even steeper penalties.

Because a DUI case is a crime, it is investigated by police and prosecuted by attorneys for the state or local government. But when a drunk driver causes a car accident, the victim is entitled to bring his own legal action against the driver to recover damages for his injuries and losses.

Drunk Driving Accident Report

After an auto accident, depending on where it happened, local or state police conduct an investigation and prepare a car accident report. The car accident victim or the car accident attorney can obtain a copy of the car accident report by contacting the investigating officer. The victim and the auto accident lawyer should review the auto accident report for any errors. If any are found, notify the officer named in the car accident injury report.

When an investigating officer suspects drunk driving, he may administer any of several tests at the accident scene to assess the suspect's sobriety. The officer will also ask the driver's permission to test his blood alcohol content (BAC). In the United States, it is illegal to drive with a BAC of 0.08% or greater. If the officer administers field sobriety or BAC tests, their results will be included in the officer's car accident report.

Once the investigation is complete, the law enforcement agency sends the car accident investigation report to the prosecuting attorney, who decides whether to pursue criminal action against the drunk driver. In any legal action your car accident attorney brings against the drunk driver, the investigating officer may be called as a witness and his report admitted into evidence.

Victim Assistance Programs

The law enforcement agency may have a victim assistance program for victims of crimes. These programs help victims of drunk driving car accidents track their car accident injury cases, get car accident injury victim counseling, and apply for car accident injury compensation from state car accident injury victim compensation programs.

Evidence Provided by the Victim

A car accident injury victim may ask a friend or family member to photograph any injuries suffered in the car accident. The photographs should be taken in the presence of a witness. The photographer and witness should sign and date the back of the photographs. The prosecutor and the car accident injury victim's car accident attorney can use the photographs as evidence to show the car accident victim's injuries and recovery process.

A car accident injury victim can also provide his attorney with a recent photograph predating the car accident injury. This would show the victim's physical condition before the accident and provide a basis of comparison for evaluating the post-accident photographs. The victim should keep a log of all expenses and losses caused by the auto accident along with car accident injury bills and receipts.

Victim Impact Report

In many drunk driving criminal cases, the defendant avoids going to trial by agreeing to plead guilty to the charges or to lesser charges. If the defendant pleads not guilty, the case goes to trial and the defendant may or may not be convicted for drunk driving. If the defendant is convicted, before sentencing, the car accident injury victim may provide the court with a car accident injury victim impact statement, a written statement describing the effect that the car accident injury has had on his or her life.

Protect Your Friends from Driving Drunk

The best protection against a drunk-driving accident is never to drive drunk in the first place. If you have been drinking alcohol or taking drugs, do not drive. If you are with someone who has been drinking or taking drugs, do not let them drive either. Stopping a friend from driving drunk can be difficult, but here are some tips that can help:

• Don't ride. Never get in a car with a drunk driver for any reason.
• Avoid confrontation. If you can, try not to embarrass your friend by confronting him directly about his drunkenness.
• Use laughter. Joke with your friend to relax him or her.
• Hide the keys. Distract your friend and take the car keys. He may think the keys are lost and ask for a ride or call a cab to get home.
• Talk privately. Suggest to your friend privately that he may have had too much to drink and should take a lift home.
• Find their friends. If the person is a stranger, ask any friends in his company to help you.

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