Beyond standard damages (medical bills, lost wages, pain and suffering), you may be entitled to punitive damages. These additional damages punish the drunk driver and deter others from similar conduct.
Your Legal Rights After a Drunk Driver Head-On Collision
Being hit head-on by a drunk driver gives you strong legal grounds for a lawsuit. Intoxicated drivers are clearly negligent, and courts often award larger damages in DUI cases due to the reckless nature of drunk driving.
- ✓Compensatory damages for all losses
- ✓Punitive damages for drunk driving
- ✓Dram shop claims against bars/restaurants
- ✓Social host liability
- ✓Criminal restitution through the court
Building a Strong Case Against a Drunk Driver
Our attorneys gather comprehensive evidence to prove the driver was intoxicated and that their intoxication caused your head-on collision. This includes police reports, breathalyzer/blood test results, witness statements, and evidence from any criminal DUI prosecution.
We also investigate where the drunk driver was drinking. Under California's dram shop laws, you may be able to sue bars, restaurants, or social hosts who served alcohol to the visibly intoxicated driver.
Frequently Asked Questions
Can I sue a drunk driver even if they were not convicted of DUI?▼
Yes. A DUI conviction requires proof "beyond a reasonable doubt." Civil lawsuits only require a "preponderance of evidence" – a much lower standard. You can win your lawsuit even if the driver wasn't criminally convicted.
What are punitive damages in a drunk driver case?▼
Punitive damages are additional damages designed to punish the drunk driver and deter others. California courts can award punitive damages when the defendant's conduct was particularly reckless or malicious.
What is dram shop liability?▼
Dram shop laws allow you to sue businesses that served alcohol to a visibly intoxicated person who then caused an accident. This provides an additional source of compensation, especially if the drunk driver is underinsured.
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