DUI hit-and-run crashes often lead to catastrophic injuries and even death. In Palm Springs, 73 were injured and killed in crashes due to drunk driving, while 13 were caused by hit-and-run collisions in 2021. In a hit-and-run crash involving DUI, you may seek compensation for the damages by searching for the driver and filing a claim or using your insurance policy.
In this article, you will learn about liability in a DUI hit-and-run Palm Spring accident and how to seek compensation in such a situation.
How Can Drunk Driving Lead to a Hit-and-Run Crash?
Alcohol is a depressant drug. Hence, it reduces the functioning of the central nervous system, including the brain. This means that it can alter your ability to drive safely. Unfortunately, approximately 37 individuals every day, or one every 39 minutes, lose their lives in drunk driving accidents in the United States.
According to the Alcohol Rehab Guide, alcohol intoxication may result in the following:
- Slow reaction time
- Lack of Coordination
- Reduced concentration
- Poor critical thinking or judgment
Since alcohol impairs an individual’s ability to drive, they are likely to cause accidents. Unfortunately, sometimes, they don’t realize they caused an accident, leaving injured victims unnoticed. Based on a study titled “Theorizing hit-and-run: A study of driver decision-making processes after a road traffic collision,” there are five categories of hit-and-run drivers, including those classified as impaired or “non compos mentis.”
Drivers operating under the influence of intoxication (DUI) often exhibit impaired judgment when involved in a collision with property or vehicles. At times, they may be too mentally impaired to recognize the occurrence of the collision, resulting in a DUI hit-and-run crash. Unfortunately, research by ValuePenguin discovered that California had the highest number of hit-a-run accidents from 2012 to 2021 among all states in the United States.
This combination of impaired judgment and diminished awareness can result in hit-and-run accidents, in which the driver flees the scene without stopping to render assistance or share information. This is why it is crucial to avoid driving when intoxicated; instead, you may use public transportation, such as ridesharing cars, or let a sober friend drive to prevent DUI hit-and-run crashes.
What Is the Penalty for a DUI Hit-and-Run in California?
According to California Vehicle Code 20001, you may face several legal consequences for causing a DUI hit-and-run accident in California, including:
- Fines ranging from $1,000 to $10,000
- Imprisonment for 2-4 years in a state facility if the accident resulted in severe injury or death
- Up to one year in a county jail if the accident caused minor injury
- Fines up to $1,000 or imprisonment for up to 6 months in a county jail if the accident resulted only in property damage (misdemeanor hit-and-run)
California’s hit-and-run penalties may vary depending on how severe the case is. Suppose you are involved in a DUI hit-and-run Palm Springs accident. In that case, you may contact a car accident lawyer to determine the appropriate compensation and penalties when preparing your case.
Can a Driver Report a Car Accident Days or Weeks After the Crash?
Some DUI drivers tend not to realize they hit another vehicle while intoxicated. In such cases, most often ask if they can report a car accident days or weeks after a hit-and-run crash.
According to California Vehicle Code 20008, it is necessary to inform the authorities about the accident within 24 hours if there are any injuries or fatalities. If you, as the driver, cannot file a report, the responsibility falls on any passengers in the vehicle at the time.
Moreover, as per California Vehicle Code 16000, if the collision causes property damage exceeding $1,000, injuries, or wrongful death, you must submit a report to the Department of Motor Vehicles (DMV) within ten days of the accident.
Can I File a Claim for a DUI Hit-and-Run Palm Springs Accident?
Suppose you have experienced a DUI hit-and-run Palm Springs accident caused by another driver’s negligence. In that case, you typically can pursue a personal injury claim to seek compensation for your losses.
In such a circumstance, you must demonstrate that the driver’s DUI hit-and-run violation directly caused the collision. As such, the following elements of negligence must be established:
- The driver had a duty to ensure road safety.
- They failed to meet this obligation.
- Their failure directly resulted in the accident.
- The accident caused injuries and damages.
Moreover, it is essential to gather sufficient evidence to support your claim, such as:
- Accident photographs.
- Footage from CCTV, surveillance, or dashcams.
- Testimonies from witnesses.
- Police reports.
What Happens If the Drunk Driver Flees the Scene?
Drunk drivers often have impaired judgment when driving. As a result, they may not realize they have caused an accident or may panic and decide to flee the scene.
If an intoxicated driver leaves the scene, you can still seek compensation for damages. Usually, responding officers will collect evidence to search for the driver. If identified and located, you may file a claim against them.
However, if it is impossible to identify the driver, you may receive compensation for the damages through your insurance. Coverage options like Uninsured Motorist Coverage, Collision Coverage, and Medical Payments can help cover costs.
However, even in such situations, it is essential to demonstrate that your injuries or damages resulted from another driver’s negligence. Therefore, seeking legal assistance from a Palm Springs accident lawyer after a collision is crucial to gathering evidence and supporting your claim effectively.
Lawyer’s Tip: Auto accidents are sometimes challenging to prove, mainly if there is insufficient evidence to support your claim. Auto accident reconstruction specialists help understand the cause and circumstances of the collision. A Palm Springs car accident lawyer has the resources to connect with such experts and prove your claim.
Are Drunk Drivers Always At Fault for a Car Accident?
Drunk drivers are often automatically assumed to be at fault in a Palm Springs accident, especially if they flee the scene after the crash. However, this is not always the case.
While driving while intoxicated and causing a hit-and-run accident may look bad in the eyes of the court, several factors must still be examined to determine the liable party of the crash.
In personal injury claims involving DUI hit-and-run crashes, the actions of the other involved party must still be considered. For example, a drunk driver hit another vehicle. Since they were too impaired, they panicked and decided to flee the scene. Upon investigation, the authorities discovered that the drunk driver had the signal and the other vehicle ran a red light.
In such a case, while the driver may face legal consequences for their drunk driving and hit-and-run violation, their actions did not directly cause the crash. Instead, the other vehicle’s neglect of traffic laws caused the accident.
Remember that in California, including Palm Springs, you have the right to pursue a personal injury claim regardless of your share of fault in the accident. However, under pure comparative negligence, your settlement may decrease based on your degree of responsibility.
For example, if the drunk driver is found 45% at fault, their compensation could be 55%. On the other hand, the other driver may also contest for 45% of the settlement. This is why hiring a Palm Springs car accident lawyer who can assess your case details, determine liability, and advocate effectively on your behalf is crucial.
How Can a Palm Springs Car Accident Lawyer Help Me?
The truth is, it can be challenging to handle a DUI hit-and-run accident claim. In such an instance, there are several factors to consider:
- Did the driver’s DUI violation cause the accident?
- Why did the driver leave the scene?
- Was the other driver involved innocent of any traffic violations?
- Did the other driver’s actions contribute to the DUI hit-and-run crash?
With such complexities, you may have difficulty proving your case, especially if you must recover from your injuries. A Palm Springs car accident lawyer can possess the expertise, skills, and resources to assess your case thoroughly. They are prepared to take legal action, including litigation, to obtain vital documents confirming the other driver’s liability.
Additionally, they can undertake the following measures to ensure a favorable outcome for your case:
- Gather evidence to support your claim.
- Determine liability on the part of the responsible party.
- Maintain transparent communication, keeping you informed about legal proceedings.
- Negotiate with insurance companies to secure fair compensation.
- Safeguard your legal rights by pursuing litigation if necessary.
While numerous legal firms throughout Palm Springs assist individuals seeking compensation for accidents, Jacoby & Meyers stands out by offering an unparalleled legal process dedicated to upholding your rights, making us the preferred choice for accident victims.
Since 1972, Jacoby & Meyers has consistently defended the legal rights of individuals involved in amusement park accidents, securing substantial settlements. Our proven track record, exceeding $2 billion in settlements, highlights our dedication to our clients.
If you’ve suffered injuries in a DUI hit-and-run Palm Springs accident, Jacoby & Meyers is here to help. We offer complimentary 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.
“Jacoby & Meyers is such an amazing team to work with. They helped me and my family out so much. It was so easy to get a hold of them. They always kept us updated with everything! I 100% recommend them.” – Tetesite M.
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.
- Hit-And-Run Accidents in California: What Evidence Is Needed for Conviction?
- My Personal Injury Settlement Check is Late; How Long Will It Take?
- Can an Impaired Driver be Liable for a Self-Driving Car Accident?
- How To Document Witness Testimonies for Car Accidents in California
Works Cited
“California Vehicle Code 16000.” California Legislative Information, https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=VEH§ionNum=16000.
“California Vehicle Code 20001.” California Legislative Information, https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=VEH§ionNum=20001.
“California Vehicle Code 20008.” California Legislative Information, https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=VEH§ionNum=20008.
“Drunk Driving | Statistics and Resources.” NHTSA, https://www.nhtsa.gov/risky-driving/drunk-driving. Accessed 3 May 2024.
Hampton, David. “Drinking and Driving: A Serious and Deadly Crime.” Alcohol Rehab Guide, 9 January 2024, https://www.alcoholrehabguide.org/alcohol/crimes/dui/. Accessed 3 May 2024.
Lambright, Michelle. “Fatal Hit-and-Runs Spike 89% Over 10 Years.” ValuePenguin, 21 August 2023, https://www.valuepenguin.com/most-dangerous-roads-hit-and-runs. Accessed 3 May 2024.
“OTS Cash Ranking Results.” ots.ca.gov, https://www.ots.ca.gov/media-and-research/crash-rankings-results/?wpv_view_count=1327&wpv-wpcf-year=2021&wpv-wpcf-city_county=Palm+Springs&wpv_filter_submit=Submit. Accessed 3 May 2024.
“Theorizing hit-and-run: A study of driver decision-making processes after a road traffic collision.” Sage Pub, 5 March 2024, https://journals.sagepub.com/doi/full/10.1177/1748895817740173. Accessed 3 May 2024.
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