Drunk driving personal injury cases are common here in the San Francisco Bay area, and throughout California. Drunk driving, or DUI (Driving Under the Influence), is a common cause of car accidents. The Centers for Disease Control estimates that the average driver who is arrested for DUI has driven while intoxicated 80 times before. Statistics from the National Highway Traffic Safety Administration (NHTSA) show that 10,836 people per year die in the United States from drunk driving, and that one in three people will be involved in an alcohol-related accident at some point in their lives. It is probably no surprise to many that there are four times as many alcohol-impaired drivers at night. Although a blood alcohol content of .08% or more constitutes DUI in California, in 2009, 56% of the drivers involved in fatal car crashes who had been drinking had a BAC of .15 or greater.

In an auto accident case, being hit by a drunk driver at fault can add significantly to the amount a victim can recover, for two reasons. The primary reason is that California law permits recovery of punitive, or “exemplary” damages for injury cases involving drunk drivers. The secondary reason that drunk driver auto injury cases can be worth more is the aggravating factor that the intoxication causes. It is a well-recognized principal among those working with juries that verdicts are higher when the jury is angered or even outraged by a party’s conduct. Even before any punitive damages are calculated, an intoxicated driver is likely to be seen in a harsh light, and the is jury more likely to feel more comfortable awarding a large amount of compensation for the victim. The compensation you receive can include money for physical pain and suffering, disability, emotional distress, lost earnings, and all other costs and expenses, in addition to punitive damages.

Unfortunately, car insurance does not cover drunk drivers for punitive damages when they cause injury or death. Automobile insurance covers all the other damages, though, and any exemplary or punitive damages must be paid by the driver, from personal assets. In the eyes of the law, it would be unfair for a drunk driver to be able to insulate him or herself from punitive damages by having insurance. This in turn can require a great deal more legal skill and work in order to obtain a full monetary recovery, because it is usually much more difficult to obtain compensation from an individual than from an insurance company. The injury lawyers at Callaway & Wolf have an excellent, proven track record of obtaining substantial compensation directly from individuals at fault in accidents, above and beyond what the responsible party’s insurance pays.

In addition to the enhanced damages that are possible in a drunk driver injury case, the intoxication of the driver at fault makes it much more difficult for that driver to try to blame all or part of the fault for the accident on the injured victim, as often happens in car accident cases.

If you or a loved one have been involved in an injury accident caused by a drunk driver the experienced personal injury attorneys at Callaway & Wolf can help.