How Drunk Drivers can be Sued for Wrongful Death Liability and Compensation

In the US a staggering number of people lose their lives in accidents caused by drunk drivers. According to statistics from the Department of Motor Vehicles, there were as many as 1,169 drunk driving fatalities while 23,686 people were injured in the state of California in 2012.

A survey conducted by the Center for Disease Control indicated that 32% of all accident deaths in the US happen due to drunk driving. What is worse is that an alarming number of motorists killed in crashes were found to have a blood alcohol concentration (BAC) of .08 percent or more and many people who were in accidents had BAC levels much higher than that. This should not surprise anyone. People that drive super drunk put everyone at risk. .08 is really not that risky, many people handle that all the time. But .15 and higher, that is where your motor control is really undermined.

On top of this, your decision making skills and aggressive nature are compromised and more pronounced, respectively.

Criminal and Civil Charges

Sacramento drunk driving accident lawyer warn that drunk drivers will be booked for indulging in reckless endangerment. In addition they will be charged with vehicular homicide or involuntary manslaughter. If the above crime is proved then the court will order several punitive actions against the defendant. This includes, and is not limited, to cancellation of their driving license, jail time, and heavy fines.

The Sacramento police are notorious for handing out DUI and speeding tickets to people who do not deserve them as an extra form of taxation. They do this because their city is mismanaged by their political leaders who spend too much money. But if you get into a drunk driving accident, you should be written up since it is obvious you were putting others at risk.

If the driver’s negligence is responsible for the death of your loved one you can claim damages from the driver’s insurer. If a verdict goes against a driver in a criminal court of law then it will definitely aid your civil case. Your Central Valley or Northern California drunk driving accident attorney will immediately gather facts from the criminal case and utilize them in the civil lawsuit that you know will come.

In a wrongful death suit you can claim damages for loss of family income as well as for the emotional pain that you are suffering due to a loss of companionship. It is important to note hear that you must consult with a legal professional immediately after the accident as there is a timeframe within which you can file a lawsuit.

Hit by a drunk driver? You need a Sacramento, CA drunk driving accident lawyer and there is no one better in the business in this part of the country than Dick Margarita. You can find him right here at: http://www.dickmargaritalaw.com/. 

Settlement through Driver Insurance

Usually in these cases insurance companies will attempt to settle with the plaintiff especially when their client is proven guilty in court. However, Sacramento, CA drunk driving accident lawyers recommend that claimants ought not to enter into negotiations with the insurance provider on their own. One of the major reasons is because the insurer will do their best to pay as little as possible. In many cases the financial package offered is decent but far from satisfactory.

If you do not have any experience in financial negotiations you will end up on the losing side. Secondly, there are several complicated documents filled with legal jargon you may not understand but will have to sign at the end of the deal. Your legal representative will scrutinize the document and then make sure your rights are protected and that you receive adequate compensation.

What happens when the driver is under-insured?

If the defendant is underinsured then this does not mean that you will not get compensation. Your lawyer will investigate to find out what assets he/she has. The court can seize and attach those assets as your compensation.

Since wrongful death suits involve critical issues including proving liability of the drunk driver and the question of compensation, it is always prudent to have a solid Sacramento, California accident lawyer on your side like Dick Margarita. He will make sure you are not cheated by the other side and the system like the Kings were in 2002 in the Western Conference Championship with the Lakers by the NBA. Everyone who was and is not biased knew the Lakers were helped by the officiated since the NBA wanted a big money market team in the championship. If you were hit by a drink driver, outstanding legal help by Dick Margarita and his team will make sure you come out of this perhaps not unscathed but compensated as you should be.