Tustin Drunk Driving Car Accident Lawyer

When you are involved in a Tustin accident with a drunk driver, expenses often pile up. Medical bills for your injuries alone could be staggering, let alone the losses you might experience to property. Combine that with the possibility of losing out on your wages due to your injuries, and you could find yourself in a difficult financial situations thanks to the actions of a drunk driver. Thankfully, a personal injury lawyer may be able to help you collect compensation for all of those expenses.

When you are injured by a careless drunk driver, they should be responsible for the damages they cause. Taking on a drunk driver with a civil lawsuit may seem daunting, but an experienced Tustin drunk driving car accident lawyer may be able to guide you.

Civil Lawsuits Against Drunk Drivers

While it is true that drunk driving is a crime under the laws of California, that fact does not prevent a person injured by a drunken driver to pursue that driver for damages in civil court. In fact, it is not uncommon for both cases to proceed simultaneously.

The ability to collect a civil judgment is not dependent on the outcome of a criminal case, either. While a criminal conviction could be helpful, the two cases proceed independently of each other. A Tustin drunk driving car accident attorney could monitor the criminal suit as it progresses in order to prepare for a potential civil trial.

Is a Drunk Driver Automatically At Fault?

While drunken driving is both illegal and dangerous, California law does not automatically apply civil liability to a drunk driver. While a driver’s intoxicated state would be taken into account, California has what is known as a comparative fault law.

When two or more parties are responsible for an accident, there is said to be comparative fault. While a drunk driver would likely be held at least partially responsible for an accident, the other driver could also face some responsibility depending on the circumstances. For instance, if a sober driver runs a red light and hits an intoxicated driver, a jury might place liability on both parties. A Tustin drunk driving car accident lawyer could help victims fight allegations of comparative negligence.

How Comparative Fault Works in a Drunk Driving Accident

Under California law, it is not a bar to recovery if a person injured by a drunk driver was partially at fault for the collision. In an injury lawsuit, the defendant must claim that the plaintiff was partially or fully liable. It is then the job of the jury to assign fault for the accident. If the jury determines the plaintiff is partly at fault, any reward would be reduced by the percentage that they are responsible. In other words, if a jury finds a drunk driver 70 percent at fault, the injured driver would only collect 70 percent of the total damages from the accident. Comparative fault is complicated, but a Tustin drunk driving accident attorney could be able to shed more light on how it works.

Call a Tustin Drunk Driving Car Accident Attorney Today

If you or a loved one suffered serious injury due to a collision with a drunk driver, you do not have to suffer silently. The right Tustin drunk driving car accident lawyer could file a lawsuit and pursue the damages you deserve on your behalf. To get started, call today to set up an initial consultation.