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How to Sue a Drunk Driver in Los Angeles


— May 4, 2022

The civil case that is filed in the local court system is a negligence lawsuit.


Los Angeles, CA – Drunk drivers who cause accidents may have to face their victims in civil court as well as any criminal charges. There are attorneys near me who focus their efforts on helping drunk driving accident victims with various aspects of their civil case against the person responsible. This includes a meeting to discuss the facts surrounding the collision, filing the initial lawsuit based on the information available, exchanging information during the discovery process and any other investigations, and then finally ending the case through a settlement negotiation or a trial. 

Negligence cases and accident lawsuits

The civil case that is filed in the local court system is a negligence lawsuit. The structure of this kind of case is the same in California whether a drunk driver or any other kind of careless driver was the cause of the collision. Los Angeles DUI accident lawyers work with their client to prove the elements of the lawsuit, which include showing the relevant standard of care on the roads, a breach of that standard of care, causation of the injuries and property damage, and proof of losses, also called damages. 

Evidence of drunk driving

When attempting to prove that the defendant driver was responsible for the crash and all associated losses, the plaintiff can introduce evidence of the defendant’s intoxication, although this is not always necessary to prove negligence, and it is not required that the driver is also convicted in criminal court. In many civil accident lawsuits, other traffic violations such as speeding, distracted driving, going through stop signs, and illegal lane changes can be used to prove negligence as well. The plaintiff can use the particular actions of the driver in the moments before the crash to show that they violated any of these traffic laws. 

Compensation in civil cases

Compensation; image by Nick Youngson/Alpha Stock Images, CC BY-SA 3.0, no changes.
Compensation; image by Nick Youngson/Alpha Stock Images, CC BY-SA 3.0, no changes.

California’s civil court system allows Los Angeles accident lawyers to bring cases on behalf of their clients to make a drunk driver pay for their losses related to the crash. Economic losses addressed in these cases include healthcare costs, recovery with medical professionals, lost income and wages, and estimates for property damage repairs. An accident case can also bring the victim compensation for pain and suffering, which are non-economic costs that the attorney can argue for based on the person’s quality of life changes after the crash. In drunk driving cases, it is even possible to get a punitive damage award that is meant to punish the driver for reckless and dangerous actions. 

California drunk driving attorneys

There are local lawyers in Los Angeles who are able to provide more specific information to accident victims. Anyone who needs to get connected with a lawyer in their city can call USAttorneys.com directly for a referral at 800-672-3101

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