Although the statistics are somewhat improving, drunk drivers continue to cause a horrendous amount of carnage and the innocent loss of life and serious injury. Drinking and driving rates have remained unacceptably high. Research has shown that many drinkers misjudge how much alcohol can be consumed before their driving ability becomes impaired.
In a civil case, when someone is suing as a result of the death of a loved one or for a serious injury to themselves, the key factor to establish is that the driver was actually “under the influence” to such a degree that his or her judgment, and his or her abililty to drive, was significantly impaired.
Punitive damages are damages awarded in order to punish the defendant and to deter the defendant and others from committing the same conduct in the future. Punitive damages are generally only allowed when it is proven by clear and convincing evidence that the defendant was guilty of oppression, fraud or malice and acted with conscious disregard of the rights or safety of others.
In a drunk driving case, a plaintiff must establish that the driver voluntarily drank to the point of intoxication knowing he or she would be driving; that the driver was aware of the probable dangerous consequences of his or her conduct; and that the driver willfully and deliberately failed to avoid those consequences.
If you have been seriously injured due to the negligence of a drunk driver, you need to hire an attorney who can easily maneuver the twists and turns of the legal system, the insurance red tape, and the defendants’ attorneys. You need to hire accomplished attorneys who have knowledge, experience and resources – attorneys who are committed to you and your case and can give you results. You need CALIFORNIA LAWYERS GROUP. Call us today at 1-800-4-INJURED or Contact Us Online.