If you are injured by a drunk driver, you have the right to pursue legal action against him or her. Not only can you press criminal charges against the driver, but you can also file a civil lawsuit or car insurance claim. Through a lawsuit or insurance claim, you can recover compensation for the damages you suffered in the collision, such as medical expenses, pain and suffering, and lost wages.
To prove your right to compensation, you will need to establish the at-fault driver’s negligence. There are four elements of negligence in California drunk driving accident claims.
The at-fault driver owed you a duty of care.
The at-fault driver breached that duty of care.
The breach of duty caused your accident.
You sustained damages that you can collect in the claim.
In California, all drivers owe a duty to drive safely and follow traffic laws. Drunk driving is highly illegal and dangerous. If you can prove that the driver was under the influence and caused your accident, you can establish your right to a settlement.