If you were injured as a passenger in a drunk driving accident in California, you may be dealing with painful injuries, mounting medical bills, and other financial losses. It’s likely you never prepared for something like this, and you might be wondering where to turn for help.
Here, the experienced Sacramento car accident lawyers at Demas Law Group discuss whether an intoxicated driver could be financially responsible for your injuries as a passenger.
California Law on Victim Responsibility
In the past, drunk driving accident victims seeking recovery in California were up against a strict legal doctrine known as pure contributory negligence. In pure contributory negligence states, victims cannot recover money for their losses if they were even one percent responsible for the accident. This “all or nothing” doctrine prevented many drunk driving crash victims from securing fair compensation.
Then, in 1975, the outcome of the California Supreme Court case Li v. Yellow Cab Co. changed everything. In Li, the court ruled that California’s pure contributory negligence doctrine was unfair to victims whose negligence played only a minor role in a crash. Additional court cases, such as American Motorcycle Assn. v. Superior Court (1978) and Safeway Stores v. Nest-Kart (1978), supported and refined this decision.
As a result of these changes, California now uses a pure comparative fault system for assigning liability after an accident. Under this law, a drunk driving victim can seek compensation for their losses as long as they are less than 100 percent at fault.
California’s Comparative Negligence Statute
As a passenger in a drunk driving accident, California’s comparative negligence statute allows you to seek compensation for your accident-related losses even if you were partly negligent in some way. However, the law still holds you responsible for your own actions, which means courts may reduce the amount of compensation you could receive based on your percentage of the overall fault.
Many people assume that the intoxicated driver is automatically 100 percent responsible for all injuries that result from a drunk driving accident. However, it’s important to remember that other parties, including passengers, could be accountable if they were also reckless in some way. California courts rely on the comparative negligence law to determine how much money you should receive in damages. Insurance companies also factor comparative negligence into their determinations for settlement offers.
Drunk Driving Injuries Are Not Always the Driver’s Fault
Drunk drivers are typically considered at fault in California drunk driving accidents, which means injured victims have the right to seek compensation from them in insurance claims and personal injury lawsuits. However, drunk driving accident injuries are not always 100 percent attributable to the driver.
California courts and insurance companies may reduce your compensation if they decide you were partially at fault for a drunk driving accident because:
You allowed or encouraged the driver to operate the vehicle even though you knew or had reason to believe they were drunk. You gave the driver your keys or allowed them to drive your vehicle even though they were obviously impaired. You encouraged the driver to make unsafe decisions or maneuvers because you were intoxicated. You offered alcohol to the driver while or just before they began driving.
How a Drunk Driving Accident Lawyer Can Help
If you sustained injuries as a passenger in a drunk driving accident in Sacramento, call the California personal injury lawyers at Demas Law Group now. We know that results matter, and you can rely on our legal professionals to fight for the compensation you deserve. Call or contact us today for a free consultation.
Visit Demas Law Group, P.C., Personal Injury Attorneys in Sacramento, California
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