Recently, 47-year old Pauline Gerd Sand was arrested on suspicion of drunk driving after her vehicle swerved into the center divider of Highway 101 in Ventura, California. The vehicle struck a concrete wall, then veered to the right across several lanes and struck another vehicle. Ms. Sand was taken to the hospital with serious back injuries. This is all too typical example of an alcohol-related accident in California.
While state officials laud recent statistics showing a 27 percent decrease in drunk driving traffic accidents since 2005, driving under the influence of alcohol or drugs remains a significant cause of injury and death in California. Even with the reduced rate, about 25 percent of all California traffic accidents in 2009 were alcohol-related.
Intoxicated driving leads to serious injuries and death to drivers, passengers, pedestrians and other motorists. The toll in medical expenses, lost earnings, crippling injuries and ruined lives is immeasurable.
Victims of Drunk Drivers Are Entitled to Compensation for Their Loss
Victims of drunk-driving accidents and their families are entitled to compensation from the responsible party or parties. A victim can collect reasonable medical expenses, both past and future, if applicable. Lost wages are recoverable, as is any future lost income if the victim is unable to return to his or her previous occupation or employment. The cost of retraining or further education in such circumstances is also considered a part of the economic loss. Pain and suffering often form the largest part of the damages a victim may be awarded and are related to the nature and extent of the victim's injuries.
If the accident victim dies as a result of his or her injuries, the family of a deceased victim is entitled to burial expenses and for any medical expenses incurred if the decedent was treated before his or her demise. An economist can calculate the value of what the victim would have earned over a normal working life, which includes the value of any retirement or medical benefits the individual would have obtained. For a non-working spouse, an expert can calculate the reasonable value of the victim's work in caring for children and performing household activities. The surviving spouse and children are also entitled to recover for the loss of companionship of a parent or spouse.
Where the actions of the liable party were particularly egregious, the victim or a decedent's heirs could recover punitive or exemplary damages, which are meant to punish and act as a deterrent. Drunk driving is often considered reckless conduct that willfully disregards the rights and safety of others.
If you have been injured due to an accident with an intoxicated driver, it is important to speak to a personal injury attorney to learn more about your legal rights. You may be entitled to compensation for the injuries you sustained; a lawyer can assess the circumstances of your case and help you pursue the best option for you and your family.
