What Happens If A Drunk Driver Hits Me On A Holiday?

If you got injured in a drunk driving incident on a holiday, do not confront the drunk driver. Instead:

Holidays like Christmas, New Year’s Eve, Labor Day, and the Fourth of July are among the most dangerous times to be on the road. Increased travel, late-night celebrations, and alcohol consumption lead to a higher risk of impaired driving and fatal crashes.

If a drunk driver hits you during a holiday in California, prioritize your health and safety. You can file a civil claim to get compensation if you suffer losses.

To navigate the complexities of a drunk driving case, consider consulting a car accident lawyer. They can investigate the crash and pursue compensation on your behalf. Moreover, they can explain your options and set expectations regarding the legal process.

What Happens If A Drunk Driver Hits Me On New Year’s Eve?

You will likely be injured if a drunk driver hits you on New Year’s Eve. That said, call 911 for emergency assistance. Get prompt medical care and report your accident to the authorities. Afterward, you could file a claim and pursue compensation for losses like medical bills and property damage.

If this collision occurs on New Year’s Eve, you may need to take these steps with greater urgency. Many people drink when celebrating this major holiday. That increases the risk of not just drunk driving accidents but also other alcohol-related incidents, like physical altercations.

As such, though these things can happen throughout the year, they may be more likely to occur on New Year’s Eve compared to other holidays. Police, healthcare workers, and insurers will be swamped with similar cases during this time. Taking immediate action after a drunk driver hits you can thus help you avoid unnecessary delays when seeking medical treatment and compensation.

Understanding What Happens After A Holiday Drunk Driving Crash

Driving under the influence is a serious crime. If a drunk driver hits you during a holiday, you could suffer severe injuries, property damage, and a sudden disruption to your life. You might also face costly medical bills, lost income, and emotional distress.

Knowing what happens after a crash is essential. As a victim, you may have the right to pursue compensation for your losses. Understanding how California law applies to holiday drunk driving accidents can help you navigate the claims process.

Common Injuries And Losses In Holiday DUI Crashes

DUI crashes often occur on California’s busy freeways, including the I-405, I-5, and Highway 101. Many drivers travel far to visit family or attend events during holidays. That can lead to heavier traffic and a higher risk of accidents.

The National Safety Council (NSC) reported that impaired driving causes 37% and 34% of traffic deaths during the Christmas and New Year holiday periods, respectively. The National Highway Traffic Safety Administration (NHTSA) also reports that an average of 300 people nationwide lose their lives in drunk driving crashes between Christmas and New Year’s Day. Moreover, one-third of the arrested or convicted drivers are repeat offenders.

These statistics highlight how quickly holiday celebrations can turn tragic. Data about repeated offenses also underscore the importance of reporting these cases.

DUI crashes can lead to serious injuries and significant losses. It can lead to physical, psychological, and financial challenges for victims.

Physical Injuries Frequently Reported In DUI Accidents

Holiday DUI crashes are often devastating because impaired drivers may be speeding, distracted, or too tired to react. Victims may thus sustain severe injuries, such as:

• Traumatic Brain Injuries — Sudden impact can cause swelling, bleeding, or long-term cognitive problems. These can affect memory and daily life.
• Spinal Cord Injuries — High-speed collisions may result in paralysis, loss of movement, or chronic pain requiring long-term care.
• Broken Bones — Arm, leg, rib, or pelvis fractures are common. They sometimes need surgery and an extended recovery period.

These injuries usually require extensive medical treatment, rehabilitation, chiropractic care, and long-term support.

Psychological Impacts Of Being Hit By A Drunk Driver

A DUI crash can also cause mental health challenges that can last months or even years. These psychological injuries are just as real and compensable as physical harm.

• Post-Traumatic Stress Disorder (PTSD) — This condition can cause flashbacks, nightmares, and a deep fear of driving.
• Survivor’s Guilt — Victims may feel intense guilt if they survived a crash where others were severely hurt or killed.
• Travel Anxiety and Phobias — Some people find it challenging to drive or even ride in a car again. Daily tasks may become overwhelming due to anxiety or new phobias.
• Depression and Social Withdrawal — Losing independence and facing a long recovery can cause depression. It may lead to a sense of detachment from friends and family.

If you are struggling emotionally after a DUI accident, you may have legal options. Under California law, you have the right to seek compensation for these life-changing effects.

Economic And Non-Economic Damages For DUI Victims

DUI crashes can have a significant impact on your finances and daily life. In California, you can file a civil claim to seek compensation for your losses. Also referred to as damages, these are categorized into two types:

• Economic Damages — Easily quantifiable losses from an accident that can include:
  • Medical bills (immediate and ongoing)
  • Lost wages
  • Loss of earning capacity
  • Property damage

• Non-Economic Damages — These are the personal hardships and changes to your quality of life that do not have a clear financial value. They can impact how you feel, function, and interact with others after a crash. Common examples include:
  • Pain and suffering
  • Loss of enjoyment of life
  • Emotional distress
  • Loss of companionship

Pursuing compensation for these losses can help victims and their families recover and rebuild after a serious DUI crash. Car accident lawyers can help you identify your damages and estimate the potential value of your claim.

Determining Fault In Holiday Drunk Driving Accidents

Identifying who is at fault after a drunk driving accident isn’t always simple. A DUI charge can be strong evidence against the impaired driver. However, investigators must still review all the details to determine legal responsibility.

Understanding how fault is established can help you know what evidence to gather. It will also help you consider how your own actions affect your claim. Any responsibility you share in causing a crash can reduce your potential compensation, which is one of the reasons why victims choose to work with drunk driving accident lawyers in building a strong case.

The Role Of BAC Testing And DUI Arrests

When police suspect a driver is impaired, they administer field sobriety tests. They might ask the driver to walk in a straight line or follow a light with their eyes. Officers also use breathalyzers or take blood samples to measure a driver’s blood alcohol content (BAC).

In California, drivers with a BAC over 0.08% are considered legally impaired and can be charged with DUI. Beyond criminal penalties, the driver may also be civilly liable for the harm they cause. However, other parties might also share responsibility for a holiday drunk driving accident. Investigators examine all factors and evidence to determine who is accountable.

How Investigators Establish Fault In Holiday DUI Accidents

Fault in car accidents is generally based on negligence. In California, a driver is negligent if they fail to use reasonable care on the road. To determine fault in a DUI accident, investigators look at several factors:

• Police reports
• Traffic violations
• Eyewitness testimony
• Surveillance or dashcam footage
• Accident reconstruction

All of this evidence can help identify who is responsible for the crash. However, the determination made by police at the scene is not always final. Insurance companies conduct their own review. If the case goes to court, a judge or jury determines who is at fault.

How Comparative Negligence Affects Fault In Drunk Driving Accidents

Even if you were partially at fault in a drunk driving accident, you may still pursue compensation. You can do so whether you were a driver, passenger, or pedestrian. Under California’s pure comparative negligence rule, everyone involved in an accident can share responsibility.

For instance, you can still seek damages if a speeding car hits you after you disregard traffic lights. However, your share of fault will reduce the amount of your potential recovery. If the total compensation for your injuries is $100,000, and the court finds you 20% responsible, you would only receive $80,000.

Dram Shop And Third-Party Liability Considerations

Unlike many other states, California’s dram shop rules are limited. Serving alcohol to a legally drinking adult, even if intoxicated, rarely triggers liability. The driver is usually considered solely at fault for any harm they cause while under the influence of alcohol or drugs.

A bar, restaurant, or social host is generally not liable for a drunk driver’s actions unless a case meets specific conditions:

• Social Host — They can be held liable if they provided alcohol to someone under 21 who then causes injury or death.
• Commercial Establishments — They can be held liable if they continue to serve alcohol to a person under 21 who is already visibly intoxicated, and that minor causes harm to others.

In these situations, you may be able to file a claim against the establishment’s or host’s insurance in addition to the drunk driver’s policy.

Legal And Financial Options After Being Hit By A Drunk Driver On A Holiday

Navigating the aftermath of a DUI crash can be overwhelming. Understanding your options can help you take control of the situation and protect your future claim.

After a holiday DUI accident in California, there are separate actions that can happen simultaneously, but independently:

• Criminal Case — The state prosecutes the driver, potentially resulting in jail time and fines.
• Administrative Action — The California DMV handles license suspension or revocation.
• Civil Lawsuit — The injured victim sues the driver to pursue damages.

Each process serves a distinct purpose. In particular, if you were hurt in a serious drunk driving accident, you will likely have the option to file a civil claim or lawsuit and pursue compensation for your losses.

Filing A Claim Or Lawsuit After A DUI Crash

To seek compensation after a DUI crash, you generally have two main options: filing an insurance claim or pursuing a lawsuit in civil court. You can handle this process yourself or work with a drunk driving accident victim lawyer who can manage the legal details for you.

Insurance Claims Against The Impaired Driver

You can file a claim against the drunk driver’s liability insurance. In California, minimum liability coverage is required to cover the victim’s losses.

This process typically begins when you file a claim and provide the police report that documents the driver’s arrest. In many cases, a DUI arrest often supports a “negligence per se” argument. Essentially, the driver who hit you violated California’s laws against DUIs. This non-compliance may automatically establish their negligence. However, insurers may still dispute causation or the amount of damages.

Next, submit evidence of your losses, such as medical bills, lost wages, and property damage. Once the insurer verifies your damages, you negotiate a fair settlement. If you reach an agreement, the insurance company will issue a payout to cover your treatment, repairs, and other related losses.

Civil Lawsuits Against Liable Parties In DUI Accidents

You can file a personal injury lawsuit if:

• Your insurance coverage is not enough.
• The insurer denies your claim.
• Third-party liability may be involved in your case.

In California, lawsuits don’t just focus on the drunk driver. They can also include businesses or social hosts that overserved alcohol. Through a civil claim, you can pursue compensation for medical bills, lost wages, and other losses. A criminal DUI conviction can support, but is not required for, your civil case.

Statute Of Limitations For Holiday DUI Crashes In California

In California, you have two years from the date of a DUI accident to file a personal injury claim. However, exemptions may apply in some instances. If the victim is a minor, the two-year deadline typically begins on their 18th birthday. If your claim is against a government entity, you must first file an administrative claim within six months of the accident.

Missing these deadlines will generally bar you from pursuing compensation. Consider consulting a car accident lawyer to help you understand the deadline or exemption that may apply to your case.

Special Legal Remedies For Victims Of Drunk Driving Accidents

In some DUI cases, victims and their families may be eligible for additional remedies under California law. These special legal options can provide extra support and accountability in situations involving severe recklessness or tragic loss:

• Punitive Damages — Although rare, courts may award additional compensation to punish the drunk driver if their actions demonstrate a willful disregard for safety. Punitive damages go beyond what’s standard and are intended to deter similar conduct.
• Wrongful Death Damages — After a fatal DUI crash, eligible surviving family members can seek compensation for funeral costs, loss of companionship, and other related losses.

These remedies could supplement the usual damages awarded in DUI lawsuits. Due to these legal complexities, you may be asking yourself, “Do I need a personal injury lawyer?” An attorney can help clarify these nuances, allowing you to move forward with greater clarity.

Sources Of Financial Compensation In California DUI Crashes

You might be wondering where to seek financial help after a drunk driver hits you in California. Some potential sources of compensation include:

• The Drunk Driver’s Insurance — Most claims start here. Liability coverage can pay for medical expenses, lost wages, and property damage.
• Your Own Insurance — If the at-fault driver is uninsured or underinsured, your own policy may provide coverage through uninsured/underinsured motorist (UM/UIM) benefits or medical payments coverage.
• Third-Party Liability Insurance — In rare cases, if a bar, restaurant, or social host served alcohol to a minor or visibly intoxicated person, their insurance may also be a source of compensation.
• Crime Victim Compensation Programs — The Victim Compensation Board (CalVCB) provides limited financial assistance to victims of violent crimes, including DUI crashes that result in injuries.

Exploring all possible sources helps you seek full compensation to cover your current and future needs.

Steps To Take After Being Hit By A Drunk Driver On A Holiday

If you are involved in a holiday drunk driving accident, there are specific steps you can take to protect your health, your rights, and your claim. Consider these holiday driving safety tips for what to do after a crash:

1. Call 911 — Report the crash immediately and request emergency medical services. Do so promptly to ensure proper police documentation and medical care, as authorities and healthcare centers may be busier or understaffed during major holidays.
2. Observe the Other Driver — Before police arrive, take note of the driver’s behavior, speech, or any odor of alcohol. Relay these observations to responding officers so they can evaluate the driver for a DUI.
3. Seek Medical Care — Do this even if you feel fine. Many injuries from drunk driving collisions have delayed symptoms. Early documentation is also vital for your insurance claim. Otherwise, you may miss your opportunity to treat or link injuries to the accident, especially during holiday weekends like Thanksgiving.
4. Document the Scene — If safe, take photos of vehicle damage, road conditions, and any visible injuries. These can help reconstruct the accident during the claims process.
5. Collect Witness Details — Gather their names and contact information. Witness statements can back your claim if the other driver’s insurer denies liability.
6. Notify Your Insurance Company — Most policies require prompt notification to preserve your rights. Stick to the details about the crash. Avoid admitting fault or making assumptions about your injuries until you consult a doctor.
7. If Applicable, File Mandatory DMV Reports — In California, you must file a DMV SR-1 Form within 10 days if the accident caused injuries or property damage exceeding $1,000.
8. Talk to a Lawyer — A car accident attorney can help you understand your rights and options. They can manage the legal matters, allowing you to focus on your healing.

Following these steps creates a clear record of your accident. This can help your claim progress smoothly and strengthen your position if legal or insurance action becomes necessary.

Frequently Asked Questions About DUI Crashes On Holidays

After getting injured in a DUI crash, it’s normal to have several questions. You may even seek free accident lawyer advice to understand your rights.

Below are answers to some of the most common questions about holiday DUI accidents to help you gain more clarity.

How Much Can I Sue For If A Drunk Driver Hits Me?

Every case is unique. As such, there’s no universal amount you can sue for after a drunk driving accident in California. Your specific recovery depends on the particular details of your crash, losses, and insurance limits.

An effective way to estimate the value of your case is to contact an experienced car accident lawyer. They can evaluate your claim, assess its merit, and explain what it may be worth based on your situation.

Can I Sue Someone For Hitting Me While Drunk?

Yes. You can file a lawsuit against a drunk driver to seek compensation for your injuries and losses.

To pursue a claim, you must prove that the driver was negligent. This means they failed to use reasonable care or broke a traffic law. In most cases, a BAC of 0.08% or higher helps establish negligence per se under California law.

You also have to prove that their actions directly caused your injuries and that you incurred losses.

How Much Does It Cost To Hire A DUI Accident Victim Lawyer In California?

It usually depends on the complexity of your case. However, you likely won’t have to pay this cost up front. Most California DUI accident victim lawyers work on a contingency fee basis. If you’re wondering, “Do lawyers only get paid if they win?” the answer is yes under this arrangement. They take a set percentage of your settlement or verdict. If you don’t win, you won’t need to pay the attorney’s fee. This “no-win, no-fee” structure makes legal help accessible for victims.

Protect Your Legal Rights After A Holiday DUI Accident In California

Each year, holiday DUI crashes bring pain and hardship to victims and their families. If a drunk driver hits you or someone you know during a major holiday, you may have legal options for seeking justice and compensation.

Our team at the AK Law Firm has extensive experience in managing auto accident cases. We can help you understand your rights and assist you in pursuing compensation for your losses. Our auto accident lawyers are committed to protecting your interests throughout the claims process. Call our injury lawyers at (888) 488-1391 today for a free case review.