Drunk drivers are often at fault for accidents, especially if their DUI violation directly causes the crash. However, while driving under the influence increases the risks of auto collisions, other factors may have contributed to the incident.
For instance, a drunk driver hits a pedestrian who was walking while distracted by their phone. In this case, the pedestrian's distracted walking may have influenced the collision. As such, the DUI driver and the pedestrian share liability for the accident.
In California, injured victims can still file a claim even if their actions may have contributed to the damages. However, under pure comparative negligence, they will likely receive a reduced settlement value depending on the damage they cause.
In the example above, the pedestrian may receive 80% compensation if the court decides they are 20% responsible. On the other hand, the drunk driver may also contest for 20% restitution. This is why hiring a Santa Ana car accident lawyer who can gather evidence to prove liability and negotiate for the compensation you deserve is crucial.