According to a September 2017 article in the San Bernardino Sun, a 24-year-old San Bernardino male was accused of driving under the influence and causing a car accident. The man hit another vehicle during the crash. The accident killed the driver and seriously injured a passenger. He was arrested on suspicion of gross vehicular manslaughter along with driving under the influence.
The accident happened in the 1200 block of Kendall Drive. The drunk driver was allegedly speeding south on Kendall Drive around 1 p.m. He allegedly slammed into a Ford Escape that was traveling southbound at the time. The car accident caused massive damage to the Ford Escape. The impact sent the suspect’s vehicle, a Jetta, into a third vehicle, as well.
In addition to those injured in the first crash, two people were also injured in the third vehicle crash. The suspect was also injured during the car accidents. At the time of the article, police were investigating the accident and asking for anyone’s help who witnessed what happened.
A victim of a car accident involving a driver under the influence of alcohol and/or drugs can sue in civil court. Civil court allows a victim to obtain damages connected to the car accident such as medical bills and lost wages. A civil case is different from a criminal case. The state prosecutes the DUI suspect for committing the offense of driving under the influence. They can seek restitution, but generally they are trying to punish the driver for breaking California law.
Suing for Damages in a San Bernardino DUI Car Accident
Filing a claim is the second step in protecting legal rights in a DUI car accident. To win the civil case, the accident victim must prove the other driver was negligent while driving and that the negligence caused an accident with injuries.
In a DUI crash, negligence per se will help an accident victim win or even settle a case. Negligence per se, which means the thing speaks for itself, shows that the driver broke the law. Since the driver broke the traffic law and caused an accident, the broken law shows wrongdoing.
Contact Sanford A. Kassel Regarding Your DUI-Related Car Accident
The first way to protect your legal rights is by contacting a personal injury attorney immediately after your crash. This protects your legal rights to sue for damages if the insurance company rejects your claim or there is no settlement. You attorney will file a claim in civil court while working on your insurance claim or settlement.
Negligence per se makes a strong case for either a win in civil court or a settlement. It is obvious the other driver broke the law by operating a motor vehicle while under the influence. However, you will still have to prove your case. Contact us immediately for help with your DUI-related car accident.