Authorities arrested two people and charged them with DUI after a pileup wreck on State Road 163 killed four people.
The victims were in a Toyota Prius sedan that was rear-ended by a Toyota Tacoma pickup truck on the southbound side of the freeway at Interstate 805. The force of the impact caused the car to veer out of control and crash, ejecting all four men.
The driver of a second Prius then came upon the scene of the accident and crashed his car, CHP public affairs Officer Salvador Castro said.
Intoxication in Civil Court
If a tortfeasor (negligent driver) is charged with DUI, the tortfeasor could be liable for damages as a matter of law. A criminal charge, not a conviction, is sufficient to invoke the negligence per se rule, at least in most cases.
These damages, which are unavailable in criminal court, usually include compensation for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering. A San Diego personal car accident lawyer can obtain additional punitive damages as well, in some extreme cases.
The negligence per se doctrine establishes liability as a matter of law. Additional evidence is necessary in these cases. Usually, there is a direct relationship between the amount of evidence the victim presents and the amount of compensation jurors award.
Impairment in Civil Court
Usually, driving with a BAC under 0.8 (0.4 for commercial drivers) is not illegal in California. However, a San Diego personal injury lawyer can still obtain compensation in these cases. The duty of care, which applies to all motorists, requires them to be at their best, physically, mentally, and otherwise, when they get behind the wheel. Alcohol impairment, which affects drivers emotionally and physically, begins at the first drink.
Sometimes, direct evidence is available in these cases, like a Breathalyzer test, where the tortfeasor “passed” for criminal law purposes but “failed” for civil law purposes. More than likely, an attorney must use circumstantial evidence, like:
- Erratic driving before the wreck,
- Physical symptoms, like bloodshot eyes or an odor of alcohol, and
- Statements the tortfeasor made to emergency responders and witnesses.
The burden of proof in civil court is only a preponderance of the evidence (more likely than not). So, the total effect of circumstantial evidence is greater than the sum of the parts.
Contact a Diligent San Diego County Lawyer
Injury victims are entitled to substantial compensation. For a confidential consultation with an experienced personal injury lawyer in San Diego, contact the Ozols Law Firm. The sooner you reach out to us, the sooner we start working for you.