TL;DR: California law allows victims of holiday DUI accidents certain rights. They can file a claim and pursue fair compensation. They can seek damages, including medical expenses, lost wages, and pain and suffering. Additionally, victims may bring a claim against multiple parties.
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If you were injured in a holiday DUI accident, you may have certain legal rights under California law. You can file a claim to address crash-related losses. These can include medical treatment, lost wages, and the impact the injury has on your daily life. In some cases, you may also include multiple at-fault parties in your claim.
Holiday celebrations often include office parties, family gatherings, and busy nights out. Alcohol plays a significant role in many events, and drinking usually rises during the season. When someone chooses to drive after drinking, they put you and everyone else on the road at risk.
A collision can cause serious injuries. These may require long-term treatments, such as rehabilitation, physical therapy, or chiropractic care. The resulting costs and disruptions can quickly accumulate.
You may file an insurance claim on your own. However, DUI cases can be more complicated due to intoxication and liability issues. Insurers may dispute details or delay the process. Addressing these concerns could make your physical recovery more challenging.
Legal guidance can help you understand your rights and avoid common claim issues. Our attorneys representing victims of drunk driving accidents offer a free initial consultation. Call the AK Law Firm at (888) 488-1391 to discuss your situation.
Understanding Your Legal Rights After A Holiday DUI Accident
Holiday DUI crashes can cause physical injuries, emotional pain, and financial stress. These incidents often involve complicated legal and insurance questions. Knowing your rights can make the claims process more manageable.
Under California law, you have several rights as a DUI accident victim:
Right To File A Personal Injury Claim
You may file a personal injury claim to address the losses caused by the accident. Doing so usually involves calculating your damages, negotiating a settlement with insurance adjusters, and addressing any disputes that may arise.
Attorneys who advocate for victims of drunk driving accidents can evaluate your claim. If you have a case, they can explain what compensation may be available and guide you through the process. They could also help you explore other options for seeking damages. Alternatives may be necessary if the drunk driver is uninsured or underinsured.
Right To Seek Accountability From Multiple Parties
Liability in a holiday DUI accident can involve more than just the impaired driver. California law considers who contributed to the crash and how their actions may have put you at risk. At-fault parties may include one or more of the following:
- The Drunk Driver — The impaired driver is often the primary party responsible. Choosing to drive after drinking violates California law. The defendant may be liable for the injuries, property damage, and other losses you suffer. Evidence such as their blood alcohol content, police reports, witness statements, and DUI convictions (if available) could help establish their liability.
- Social Hosts and Alcohol Vendors — Although California limits liability for hosts and businesses, certain situations create exceptions. A social host or vendor may be responsible if they:
- Provided alcohol to someone under 21. Doing so is considered a misdemeanor under the state’s Business and Professions Code.
- That underage person caused a DUI crash that injured you.
These scenarios may occur at private gatherings, holiday events, or parties where alcohol is freely available.
- Employers — An employer may be liable if their employee causes a DUI crash on the job. Suppose a delivery driver making Christmas deliveries while impaired hits and injures you. The employer may share responsibility under the principle of vicarious liability.
- Vehicle Owners — During the holidays, cars are often shared between family members or guests. A vehicle owner could be liable if they let someone who is drunk, unlicensed, or unsafe drive their car. This is known as negligent entrustment.
Car accident lawyers can help identify all responsible parties, gather evidence, and communicate with insurers. Their guidance can help you pursue compensation while you recover from your injuries.
Right To Collect & Preserve Evidence
You have the right to gather evidence after a crash, such as:
- Photos and video of the scene.
- Witness names and statements.
- Medical records and repair estimates.
- Pay stubs showing lost wages.
Evidence can be crucial in proving your injuries and losses. You may wonder, “Do I need a personal injury lawyer?” Our Riverside DUI accident victim attorneys can assist you if your injuries make it difficult to gather proof on your own. They can also help you avoid other common mistakes during the claims process, such as discussing your opinion of the accident with the at-fault party’s insurer.
Right To Pursue Fair Compensation For Your Losses
The goal of a claim is to help you recover financially and address the long-term effects of your injuries. Drunk driving accidents often result in significant losses. You can pursue compensation for:
- Emergency medical care
- Hospitalization and ongoing treatment
- Physical therapy or rehabilitation
- Lost wages or reduced earning capacity
- Pain & suffering, and emotional distress
- Damage to your vehicle or personal property
In rare cases, you can seek punitive damages for a holiday DUI driver’s gross negligence. Courts typically award them to punish the defendant. In doing so, they aim to deter similar behavior in the future.
Unfortunately, some holiday DUI accidents may result in the loss of a loved one. In this scenario, eligible surviving family members could file a wrongful death claim. This usually seeks damages such as funeral and burial costs. A wrongful death lawyer can help evaluate your case and outline what you could pursue.
What Is Comparative Negligence And How Does It Work?
California uses a pure comparative negligence system. This rule determines how to allocate compensation when multiple parties are involved in an accident. Depending on the circumstances, it could apply to your holiday DUI accident claim.
Under pure comparative negligence:
- You may seek compensation even if you were up to 99% fault.
- Your percentage of fault reduces the amount of compensation you receive.
- The impaired driver may still be responsible for a significant portion of your losses.
For example, if you were speeding and the other driver was impaired, both actions may be considered. If you are found 20% at fault and your total damages are $100,000, you may only recover up to $80,000.
In DUI cases, comparative negligence still applies. However, the drunk driver’s violation of the law often plays a significant role in determining fault. An attorney can explain how this rule affects your claim and what evidence can support your case.
How To Establish Liability In Holiday DUI Accidents
To establish liability in a holiday DUI crash, you need to show how a drunk driver caused your injuries. Even if intoxication is apparent, you still need to link their conduct to the accident and your losses.
- Negligence — Most injury cases stem from negligence. To establish negligence, you must show:
- Duty of Care — Drivers have a duty of care to operate their vehicles safely and follow traffic laws.
- Breach of Duty — Driving under the influence breaches that duty. Alcohol impairs judgment and reaction time.
- Causation — The impaired driving must have directly caused the crash and your injuries.
- Damages — You must show losses such as medical bills, lost income, pain and suffering, or property damage.
- Negligence Per Se — A driver is automatically negligent if they break traffic regulations and injure someone. The violation itself establishes negligence. Negligence per se may apply in a DUI accident since:
- The defendant violated a statute or regulation.
- The violation was the proximate cause of the plaintiff’s injuries.
- The injuries fall within the type of harm the statute or regulation seeks to prevent.
This doctrine can strengthen a claim. However, exceptions may apply depending on the circumstances. A car accident attorney can explain how negligence per se impacts your case. They can also tell you if it could support your claim for compensation.
Deadlines For Filing Claims
Generally, you have two years from the date of the accident to file a personal injury claim. This deadline is commonly known as the statute of limitations. Certain circumstances can shorten or pause this time limit.
For example, tolling may occur if the person bringing the case is a minor. The statute of limitations starts when the plaintiff reaches the age of 18. A parent or legal guardian may file a case on their behalf earlier.
You will typically lose your right to seek compensation if you file your case after the statute of limitations expires. To manage legal deadlines, consider seeking the assistance of a personal injury attorney.
Risk Factors That Contribute To Holiday Drunk Driving
Several factors can lead to alcohol-related car accidents during the holiday season:
- Alcohol at Holiday Parties — Festive celebrations are a hallmark of the holiday season. At these gatherings, people typically drink more alcohol. This spike in alcohol consumption could lead to holiday DUI accidents.
- Stress and Emotional Factors — Many people consider the holidays to be a joyous time. However, others might find them stressful due to family issues, financial concerns, and social pressure. Some may consume alcohol to cope. If they drive afterward, they might cause a crash.
- Travel and Commuting Patterns — Events and family visits during the holidays may result in increased traffic. Holiday shoppers, pedestrians, and cars crowd the streets. This raises the risk of accidents on main routes. These individuals may, unfortunately, have to travel alongside intoxicated drivers.
Our holiday season driving guide provides helpful tips to help you better protect yourself and your loved ones this winter. In this guide, you can discover safety practices for winter road trips and managing holiday risks.
The Rise Of Holiday DUI Accidents And The Impact On Victims
DUI crashes occur year-round. However, they may be more likely to happen during the holidays, when more people drink alcohol. Therefore, you have to remain vigilant when traveling during this time.
Here are some nationwide and California holiday DUI trends to keep in mind:
- In December 2023, NHTSA’s Traffic Safety Marketing released a report on accidents during the holiday season. Young drivers aged 21 to 34 constituted the largest group of drunk drivers in fatal crashes, at 27%.
- In December 2023, there were 1,038 fatalities. From 2019 to 2023, more than 4,931 people died in drunk driving accidents in December, based on NHTSA data.
- The National Safety Council (NSC) estimates that 179 people may die on U.S. roads this New Year’s Day holiday period. Holidays are often a time of travel for families across the United States. Many choose to travel by car. Unfortunately, it has the highest fatality rate out of any major form of motorized transportation. The NSC notes that it causes the most fatalities per passenger mile.
- NSC reports that DUIs caused 32% of all traffic fatalities in 2022. Based on the latest available data from 2022, alcohol-impaired drivers were involved in 37% of New Year’s Day traffic fatalities.
- The CHP enforced its Maximum Enforcement Period over the Christmas Holiday weekend of 2023, which resulted in 19 fatal crashes and 909 DUI arrests. According to CHP, there was a 23% drop in fatalities from 2022 but a 42% increase in DUIs.
- The Thanksgiving Maximum Enforcement Period was a 102-hour operation that took place in 2024. KTVU Fox 2 reported that officers detained more than 1,100 drivers suspected of DUI.
- Statistics on DUI arrests during the 4th of July holiday show that impaired driving remains a recurring problem during large celebrations.
Frequently Asked Questions (FAQs)
What Are My Rights If I’m A Victim Of A Holiday DUI Accident?
As a victim of a holiday DUI accident, you have several rights. The law allows you to file a claim against the at-fault driver and other potentially liable parties. You also have a right to seek fair compensation for your losses. To support your claim, you are also allowed to collect and preserve evidence through the legal process.
Need help understanding your rights after a DUI crash in Orange County? Our Orange County DUI accident victim attorneys can review your case and identify potential next steps to take.
How Much Can You Sue For If A Drunk Driver Hits You?
The amount you can seek in a holiday DUI accident claim can vary, depending on various factors. Your potential compensation may depend on the extent of the following:
- Injuries
- Property damage
- Medical expenses
- The at-fault driver’s insurance coverage
What Evidence Is Needed To Prove 100% Liability?
No piece of evidence can guarantee that you can prove 100% liability. However, collecting and preserving proof such as the following can be helpful:
- A police report may contain information you could not collect after the accident.
- Eyewitness testimony can provide an unbiased account of the crash.
- Additional footage or photos of the scene can clarify what led to the accident.
- The responding officers’ report may record the driver’s degree of intoxication.
- A criminal DUI case can also support your civil claim. Keep in mind that you can still pursue an injury claim, even if the defendant is not convicted in the criminal case.
- Medical records from follow-up visits to treat crash-related injuries may support your claim.
Gathering evidence can be challenging if you’re still healing from your injuries. Our San Diego DUI accident lawyers can help you collect and present these pieces of evidence.
Consult A DUI Accident Victim Attorney About Your Case
As a victim, facing the consequences of a holiday DUI accident can be overwhelming, and you find yourself seeking free accident lawyer advice. Our attorneys offer free initial consultations and can discuss your possible next steps.
If you are considering legal action, you may be wondering, “Do lawyers only get paid if they win?” It depends on whether they work on a contingency fee basis. At Arash Law, we operate under that fee structure. This policy means that clients don’t pay attorney’s fees unless they receive compensation.
There may be circumstances where certain case costs still apply even if the outcome isn’t in your favor. Our attorneys will discuss our fees and other potential costs before you hire us.
If negligence caused your injuries, consider consulting Arash Law. Contact us at (888) 488-1391 or fill out our “Do I Have A Case?” form here.
