When a drunk driver who causes the crash dies in a Santa Ana accident, you may still have the right to file a claim for compensation. In such a case, the at-fault party’s insurance company should cover the damage expenses of the crash.
In this article, you will understand your rights in a car accident where the liable party dies and the steps to take to protect your rights.
How Does Alcohol Intoxication Affect Drivers?
Did you know that in the United States, drunk driving accidents claim the lives of 37 people per day or one every 39 minutes? Moreover, crashes involving drunk drivers claimed the lives of 9,288 individuals between 2009 and 2018 in California. Lastly, Santa Ana accidents in Orange County attributed to alcohol use resulted in 151 injured and fatal victims in 2021 alone.
With the significant number of DUI crashes in Santa Ana and within the country, drivers must understand how alcohol impairs their ability to drive safely and avoid operating the vehicle when intoxicated.
DUI may cause minor to catastrophic accidents as it impairs an individual’s ability through the following:
- Slow Reaction Time: Alcohol slows the brain’s processing speed, causing drivers to react to unexpected situations on the road more slowly.
- Lack of Coordination: Alcohol may impact your ability to coordinate your hands, feet, and eyesight. You might be unable to avoid a potentially dangerous scenario if you lack essential coordination abilities.
- Reduced Concentration: Alcohol impairs the capacity to focus and sustain attention, making it difficult for drivers to remain aware of their surroundings and respond effectively to changes in traffic circumstances.
- Blurred Vision: Because alcohol affects the muscles in the eyes, it can cause double or blurry vision, which makes it challenging for a driver to see clearly and evaluate distances.
- Judgment inhibition: Alcohol affects cognitive processes and decision-making skills, making drivers unable to make wise decisions and engage in risky driving practices.
Drivers must prevent driving when intoxicated. It is best to assign a sober driver, opt for an alternative mode of transportation that does not require driving, or stay in a secure area instead of driving when impaired.
Can I File a Santa Ana Accident Claim If I’m Hit By a DUI Driver?
If you are hit by a DUI driver, you may file a claim to receive compensation for the damages. In such a case, you must demonstrate that the collision directly results from the driver’s negligence – their DUI violation.
Remember that when proving negligence in a car accident claim, you must demonstrate the following:
- The driver was responsible for protecting everyone’s safety on the road.
- They neglected this duty.
- The breach resulted in an accident.
- The accident caused injuries and other damages.
Since DUI is generally illegal in California under California Vehicle Code 23152, it can be easier to prove that the accident results from a drunk driver’s negligence. However, you still need to have several pieces of evidence when justifying a DUI violation, such as:
- Photos or videos of the accident scene
- Witness testimonies that can attest that the driver was drunk during the crash
- Police report indicating the driver’s DUI violation
- Car accident reconstruction analysis
Are DUI Drivers Always Liable for Accidents?
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.
Does the Death of the Drunk Driver Affect My Ability to File a Case?
If you sustain injuries in a Santa Ana accident caused by a drunk driver, you can prove the driver’s DUI violation through compelling evidence. However, if the drunk driver dies in the crash, you may question whether you still have the same rights. The answer is yes, but the process differs.
Pursuing Compensation from the Deceased Driver’s Insurance Company
Typically, the insurance provider of the deceased driver should cover the accident damages if it’s determined they were negligent. According to California Probate Code sections 550-555, you can take legal action against the insurance company, with the decedent’s estate being a nominal party. For instance, if a drunk driver hits you and later dies, their insurance coverage may compensate you for your injuries.
Note that when filing a claim against the at-fault driver’s insurance company, you will likely receive compensation for how much their insurance policy covers. If the insurance limit is $50,000 and you have $70,000 in damage expenses, you will only receive a $50,000 settlement.
Seeking Compensation from the Deceased Driver’s Estate
In cases where the insurance coverage falls short or fails to pay, you may pursue a claim against the deceased driver’s estate. This is particularly relevant if the insurance limit doesn’t cover your damages. However, seeking compensation from the estate typically involves navigating the probate process, which handles the settlement of the deceased’s debts.
Since filing against a deceased driver’s insurance or estate can be complex, consulting with a Santa Ana car accident lawyer may be wise. They can assess the specifics of your case, determine the appropriate parties to file against, and assist you in seeking fair compensation for your injuries and damages.
Lawyer’s Tip: If you share liability in a crash, the insurance provider may offer a settlement that is less than you deserve. Seek advice from a car accident lawyer before accepting any settlement.
How Much Compensation Should I Receive?
A car accident due to alcohol intoxication can result in a wide range of injuries and damages, varying from minor inconveniences to severe consequences. While compensation can’t reverse the accident’s impact, it can help alleviate the financial burden caused by the collision.
When determining the potential compensation you may be entitled to, consider the various types of damages applicable to your circumstances:
- Economic damages: These are quantifiable financial losses supported by documentation such as receipts and invoices. Examples include:
- Past, present, and future medical expenses
- Vehicle repair or replacement costs
- Lost wages due to missed work
- Expected future income loss
- Out-of-pocket expenses related to the accident
- Non-economic damages: These are intangible losses from the accident, such as pain and suffering. Non-economic damages encompass:
- Emotional distress
- Psychological suffering
- Reduced quality of life
- Loss of consortium
- Loss of close relationships and companionship, among others
- Punitive damages: These are additional awards that a court may grant if it deems the negligent party’s actions particularly malicious or extreme.
A Santa Ana car accident lawyer possesses the expertise to evaluate financial losses, assess non-monetary damages, and determine eligibility for punitive damages to maximize your compensation.
How Can A Santa Ana Car Accident Lawyer for a Car Accident Help Me?
When the drunk driver responsible for the accident passes away, injured victims may hesitate to pursue a claim out of consideration for the grieving family of the negligent party.
However, it is crucial to recognize that you still have the right to protect your legal interests. Fortunately, when pursuing a car accident case resulting from the deceased’s negligence, you can rely on your attorney to handle the legal proceedings. They will engage with the at-fault party’s insurance company on your behalf, sparing you from direct interactions with the grieving family.
Moreover, a car accident lawyer can provide valuable assistance to enhance the chances of a successful claim by:
- Gathering evidence to build a strong case.
- Determining the liability of the at-fault party.
- Evaluating the full extent of the damages incurred.
- Negotiating with the insurance company to secure fair compensation.
- Proceeding to trial if necessary.
Suppose you are looking for a Santa car accident lawyer who can protect your legal interests. In that case, Jacoby & Meyers boasts California’s most skilled and proficient personal injury attorneys, dedicated to ensuring you receive the justice you deserve. While many legal firms assist those seeking compensation for accidents, Jacoby & Meyers distinguishes itself with our unwavering commitment to protecting your rights, making us the preferred choice for accident victims.
Since 1972, Jacoby & Meyers has steadfastly advocated for the legal rights of individuals involved in accidents, achieving substantial settlements. Our remarkable track record, surpassing $2 billion in settlements, underscores our unwavering dedication to our clients.
If you’ve sustained injuries in a DUI accident in Santa Ana, Jacoby & Meyers is here to assist. We offer free consultations for injury victims and operate on a contingency fee basis.
Jacoby and Meyers. Because You Deserve Justice.
Hear From Our Past Clients
Instead of relying just on our guarantees, consider what satisfied clients say about our services.
“The team was outstanding; I was more than satisfied with their work. You can be sure that they’re working hard for you. 1st choice, best choice. 100% recommend.” – Cecilia
Frequently Asked Questions
Do you have further questions regarding personal injury claims? We got you! Here are some frequently asked questions from injured victims that may help explain some aspects of your case.
- Can an Impaired Driver be Liable for a Self-Driving Car Accident?
- Who Can I Sue in a Teen Car Accident Resulting in Wrongful Death?
- California DUI: Who is Liable for an Uber Car Accident if the Driver Was Intoxicated?
- Is A Hit And Run A Felony In California?
Works Cited
Sobering Facts: Alcohol-impaired Driving California. Accessed 15 May 2024.
“comparative negligence | Wex | US Law | LII / Legal Information Institute.” Law.Cornell.Edu. Accessed 15 May 2024.
“Drunk Driving | Statistics and Resources.” NHTSA. Accessed 15 May 2024.
Hampton, David. “Drinking and Driving: A Serious and Deadly Crime.” Alcohol Rehab Guide, 9 January 2024. Accessed 15 May 2024.
“OTS Crash Ranking Results.” California Office of Traffic Safety. Accessed 15 May 2024.
“Vehicle Code 23152 – Driving Under the Influence.” California Legislative Information. Accessed 15 May 2024.
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