Considering a Wrongful Death Claim After a DUI Accident
Driving under the influence of alcohol in the State of California can have a variety of consequences. People who decide to drive while intoxicated can face imprisonment, fines, and revoked driving privileges when caught driving under these conditions. Sadly, there are hundreds of reckless drivers who are not caught on time and the consequences are typically catastrophic for those who share the road with these drivers.
The Unfortunate Reality of DUIs
According to Sobering Facts: Alcohol-Impaired Driving, a report published by the Centers for Disease Control and Prevention, between the years of 2009 and 2018, there were a total of 9,228 people who were killed in traffic accidents involving alcohol-impaired drivers in California. Based on an annual report published by the California Department of Motor Vehicles, in 2017, there were 1,294 fatal and 26,967 non-fatal alcohol-involved collisions across the state.
The harsh reality of drinking and driving is that every year, thousands of people suffer the consequences of the unlawful act. When a DUI results in the death of an innocent person, the surviving loved ones of the decedent are left to face a great deal of the repercussions. The State of California recognizes this and as a result, grants certain people the ability to file a wrongful death claim after the death of a loved one.
An Overview of Wrongful Death Claims in California
In California, the family of a person who was killed as a result of a DUI can file a wrongful death claim against the at-fault driver to ease the financial burden of the victim’s sudden passing. To achieve a successful case, the plaintiff will need to demonstrate that the accused driver’s negligence led to the victim’s passing. Although a criminal conviction of the DUI is not necessary to achieve a successful case, the conviction can be beneficial in satisfying the requirements needed to establish a case.
A wrongful death claim based on negligence will need to demonstrate the following factors:
- The driver owed the victim a duty of care;
- The driver violated the law by driving under the influence, therefore breaching the duty of care;
- The DUI led to the auto accident that resulted in the victim’s passing; and
- The plaintiff sustained significant damages as a result.
File a Wrongful Death Lawsuit in the Wake of a Fatal DUI Collision
If you have lost a loved one as a result of the wrongful actions of a reckless driver, you will need to contact the legal support of an experienced attorney. Wrongful death cases involving DUI accidents can be challenging, especially when there are several parties involved. A qualified attorney can help build a strong case that will hold the at-fault party accountable for his or her wrongful actions.
Attorney Scot T. Moga has successfully handled complex wrongful death cases for more than two decades. As an experienced litigator, Attorney Moga has the skills necessary to recover the compensation grieving families deserve. After the sudden passing of a loved one who was fatally injured in a DUI accident, consider scheduling a no-obligation consultation with Attorney Scot T. Moga.
Scot Thomas Moga, a dedicated attorney in San Bernardino & Riverside Counties who represents clients in the many types of personal injury, workers’ compensation and estate planning cases.