Impaired driving is a national epidemic and one that has not spared Encino or Los Angeles. In fact, in 2016, the highest number of alcohol-related driving deaths in the state of California occurred in Los Angeles County. The year 2019 saw 1,066 total alcohol-related fatalities in California, a figure which does not include those drivers who were impaired by drugs – either legal or illegal. According to one statistic, however, 50 percent of all drivers killed in accidents in California in 2019 tested positive for legal and illegal drugs. This represents an increase of eight percent since 2018 which was also the year that recreational marijuana sales became legal in California. There are no statistics regarding marijuana-related driving fatalities as of yet, but it is only a matter of time before these are able to be counted.

So, you have been hit by a drunk or impaired driver in Los Angeles

The key thing to do is to treat the drunk driving accident like any other car accident, especially since it may not be readily apparent that the person is, in fact, intoxicated. The first thing to do always is to ensure that you are either safe where you are or are able to get to a safe place. Once you have secured yourself and anyone traveling with you, take stock of the situation and the damage. Begin to make observations of the area, the road conditions, and the behavior of the other driver. Attempt to make contact with the other driver to exchange information and obtain their insurance and contact information.

If you notice or think that the other driver is impaired, make notes of this including if the other driver’s eyes are bloodshot, their speech is slurred, or their movements are not coordinated. Keep in mind that this could be a result of a medical condition as well as diabetic ketoacidosis or neurological conditions and not necessarily because the person was driving under the influence. Do not ask the other driver if they have imbibed any substances or are under the influence as this is a question for the authorities. Do, however, make your suspicions known to the responding officer so that they can pursue that line of inquiry if they feel it is necessary.

Obtain prompt medical attention for purposes of treating any injuries that you may have suffered but also to be evaluated for any non-apparent injuries such as sprains, strains, and soft-tissue injuries. It is very important to be checked out as soon as possible after the accident so that there is a sufficient medical record of injuries that were caused by the accident. If the accident occurred in Encino, this will help your Encino personal injury injury attorney; otherwise, it will help your Los Angeles personal injury attorney later on in obtaining the highest settlement/compensation for you based on your injuries.

Call your Encino personal injury attorney as soon as possible

Remember, your insurance company is contractually obligated to help make you whole after an accident, but their definition of whole may differ significantly from yours. This is why it is crucial to contact your Encino personal injury attorney as soon as possible after the accident. They will have your best interests at heart and will work on your behalf with the insurance company and with the other party to get you the best possible recovery.

What if it is shown that the other driver was impaired?

Should it turn out that the other driver was impaired – either by alcohol, drugs, or both – your first clue will likely be if they are arrested for DUI or driving under the influence. Another clue can be open containers of alcohol or marijuana in the other car – both of which are illegal. If you see either clue, make sure to indicate this to your attorney so that he can obtain the police report which should have the other driver’s level of intoxication or drug screen results.

How does the other driver’s impairment affect your recovery?

In a normal non-impairment personal injury action for an accident, there are several ways in which you can recover damages including for medical expenses, lost wages, and other damages. In a situation where the other driver was impaired, the math becomes a little bit more complicated. This is because, in addition to the garden variety damages you can normally seek, under California law, you can also seek punitive damages against the impaired driver.

Punitive damages are exactly what they sound like – punishment to the other driver for choosing to drive impaired despite being aware of the very likely dangerous consequences of that action and choosing to engage in that behavior anyway. If the other driver’s drunk driving caused the car accident, then you may have a very strong claim for punitive damages. However, the California Supreme Court has held that the impaired driver’s insurance company does not have to pay punitive damages and so the driver may be held personally liable. If the impaired driver is insolvent or does not have many assets, this may not yield much of a recovery.

Should you find that you have been in a car accident with an impaired driver, it is critical to your possible recovery to contact your Encino personal injury attorney as soon as possible to ensure that your rights are secured.