Recovering after Being Hit by an Uninsured Drunk Driver
Drunk or impaired driving is undeniably a huge problem in Sacramento. Nearly every day there is another local news story about a horrific automobile accident caused by a drunk or drug-impaired driver. On just one three-day holiday weekend in 2019, according to the California Highway Patrol, 1,099 DUI arrests were made in Sacramento, which represented a 4% increase from the same weekend in 2018. Unfortunately, those statistics go on to show that there were 21 fatal crashes that claimed the lives of 34 people. Again – that was just one 2019 holiday weekend in Sacramento.
Another near-epidemic situation in the Sacramento area is the number of uninsured drivers on our roads. Now let us marry these two negatives: what if you or a family member are the unfortunate victims of a severe automobile accident that was caused by a drunk or impaired driver who was also uninsured? The chances of this happening are not surprisingly quite high if one considers that many drunk drivers are repeat offenders and either driving on a suspended license or facing exceedingly high insurance costs due to their prior offenses. This perfect storm could make a terrible situation even worse for a law-abiding driver.
One of the first questions a victim of a drunk and uninsured driver may ask is: who will pay for my damages?
There are several avenues of potential economic recovery in such a situation. First, liability (fault) must be determined. It may seem like common sense to assign fault to the drunk driver, but with regard to the issue of accident causation that is not always the case. If the other driver is under the influence, he is most certainly guilty of DUI and that matter will be handled by the police and criminal courts – but what if the fact that the driver was drunk was inconsequential to the cause of the accident? Let’s say the sober driver ran a red light, and several witnesses attest to that fact. Well, in that case, there may not be any avenue of recovery for the sober driver, since he was determined to be the cause of the incident. For purposes of this article, we will assume that the drunk driver did something in the course of his driving that caused the accident, and we will move on to the potential sources of compensation.
Will my rates go up if I file an Uninsured Motorist Claim?
One common worry communicated by our clients is that making a claim with their own insurance company will cause them to be dropped by the company, or cause their rates to go up. Under California law, insurance companies are not allowed to penalize a driver for an accident that he did not cause.
Given that, the simplest source of recovery for the injured party is often his own Uninsured/Underinsured (UIM) Motorist coverage on his automobile insurance policy. This coverage would likely apply whether the injured party was driving his own vehicle, riding as a passenger in another vehicle, or even traveling on a bicycle or as a pedestrian. The benefits available under the injured driver’s UIM coverage are dependent upon the limits of the policy, which is one of the reasons the Law Offices of Edward A. Smith advises clients to purchase as much UIM coverage as one can afford. In California, the UIM limits cannot be higher than liability limits so in order to increase UIM limits, one must also increase liability limits. With uninsured driving as rampant as it is in the Sacramento area, we believe the protection that higher UIM limits offer to be worth the expense.
Lawsuit Against the Drunk Driver
The reality of this scenario – suing an uninsured driver – is that even if one goes through the process of filing a lawsuit and prevailing against the drunk driver, economic recovery may never be achieved. This option should be considered in a situation where the drunk driver has significant assets, yet was unable to obtain insurance due to her unlicensed status or having been dropped by insurance. Often though, this exercise can result in trying to “get blood from a turnip”.
Negligent Business Owner
California is one of the many states with “dram shop” laws that allow injured victims of drunk driving incidents to sue an establishment that overserved the drunk driver. Such a lawsuit usually contains a caveat that the drunk driver must have been obviously intoxicated and the establishment continued to serve. Some indications of obvious intoxication would be loss of balance, slurred speech, or obnoxious behavior.
If the drunk driver is below the California drinking age of 21, the duties of the person or business who supplied the alcohol become more stringent.
Restaurants and bars in California are becoming increasingly cognizant of their duty to avoid overserving and serving to minors, but it is definitely a potential avenue of recovery worthy of investigation.
Other Potential Avenues of Economic Recovery
Other potential sources of compensation are worthy of exploration with regard to any auto accident and do not specifically apply to the uninsured drunk driver scenario. Those potential sources include the “crashworthiness” of the vehicle in which the injured party was traveling. For instance, if the safety features did not engage properly, there may exist a claim against the auto manufacturer.
Relatedly, if the roadway was dangerous or conditions such as blocked visibility or inadequate lighting were present, an investigation into whether some liability can be assigned to the County or City responsible for such conditions may be worth looking into.
Watch YouTube Video: New Drunk Driving Bills Could Give CA Toughest DUI Laws in Country. In the video below, KPIX CBS reports about two new drunk driving bills that could give California some tough DUI laws.
Sacramento Drunk Driving Accident Lawyer
I’m Ed Smith, a Sacramento Drunk Driving Accident Lawyer. Drunk or impaired driving can lead to devastating consequences. If you or a loved one has been seriously injured in an accident involving a drunk driver, call me at (916) 921-6400 or (800) 404-5400 for free, friendly advice.
We are members of the Million Dollar Advocates Forum and the National Association of Distinguished Counsel.
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