Drunk Driving Car Accidents in Burbank

California drivers have a “duty of care” to keep their vehicles and themselves in safe driving conditions. Unfortunately, many people get behind the wheel while they are dangerously impaired by alcohol, drugs, or prescription medication, which can cause collisions with devastating repercussions.

Drunk driving car accidents in Burbank can absolutely serve as valid ground for a civil lawsuit because drunk driving is against state law and qualifies as a de facto “breach” of that duty of care mentioned above. These lawsuits can be tricky, so you should contact a skilled car accident attorney to help you pursue this type of claim.

What Counts as Illegal “Drunk Driving”?

Under state law, it is illegal for anyone to operate a motor vehicle—or even get into a motor vehicle intending to drive it—with a blood alcohol concentration (BAC) of 0.08 percent or higher. Furthermore, it is illegal for anyone with a commercial driver’s license (CDL) to operate a commercial vehicle like a semi-truck with a BAC of 0.04 percent or more. Drivers under 21 cannot operate any vehicle with a BAC of 0.01 percent or more.

Someone can test a person’s BAC can be tested through breath, blood, or saliva analysis. The test is only relevant when it comes to determining whether a driver should be charged with driving under the influence (DUI). Police also have the right to arrest and charge anyone they believe to be meaningfully impaired by alcohol and drugs, regardless of their BAC. Even if someone is not convicted of or even arrested for drunk driving, they may still be civilly liable for a car crash they caused in Burbank because they were impaired.

Unique Elements of Drunk Driving Car Crash Lawsuits

For the most part, filing suit over a drunk driving crash works the same as that for other auto accidents in Burbank, but there are a few exceptions. For example, people without car insurance cannot recover civil compensation for “pain and suffering” caused by a car accident, even if someone else is entirely to blame. However, this restriction does not apply when the at-fault party is criminally convicted of DUI in relation to the wreck in question.

Additionally, some civil courts may impose additional “punitive damages” against someone who drove while impaired; an injured person could then receive these damages as additional compensation. However, this is rare, so the claimant and their lawyer should focus on pursuing “compensatory damages” like medical bills, lost work income, and physical and psychological suffering.

Consult a Burbank Attorney About Drunk Driving Car Crash Lawsuits

Drunk drivers put themselves and everyone around them at serious risk of harm for every second they spend on public roads. When you suffer an injury due to someone else’s negligence, they should pay financially for the injuries and losses you suffered in the crash they caused.

An attorney could help you take legal action after a drunk driving car accident in Burbank and improve your chances of success with the case. Call today to discuss your options.