Can I Be Sued for a DUI Accident?

  • Board Certified Expert

    in DUI Defense

    Chosen as a “Top DUI Attorney” in Orange County & rated 10 out of 10 by Avvo.

    Meet Virginia L. Landry
  • Answers to All of

    Your Questions

    Visit our FAQ page to get answers to some of the most common questions.

    Read Common Questions
  • Get Help

    Immediately

    Don’t wait, time is of the essence. Contact us now for a free case evaluation.

    Get Started Today

Can I Be Sued for a DUI Accident?

Being in a car accident is stressful enough, and if you had a DUI arrest in there, the whole situation gets much worse. If you were in a car crash that led to you being arrested and charged with driving under the influence (DUI), you are probably wondering, “Will the other driver sue me in a personal injury lawsuit?” If the other driver was injured in the accident and you were at fault, then it is highly likely that you’ll face a civil lawsuit in addition to criminal charges for the DUI.

If you were arrested for DUI in connection to the accident and you later plead guilty or you’re found guilty, anyone injured in the crash will most likely file a civil lawsuit against you, also known as a personal injury or car accident lawsuit. In the case of a drunk or drugged driving accident, typically the innocent parties will file a lawsuit against the impaired driver within a couple of days or weeks of the crash.

Statute of Limitations for Filing a Claim

In California, injured parties (also known as plaintiffs) have two years from the date of the injury to file a personal injury lawsuit against the at-fault party. This is deadline is called the “statute of limitations.”

So, if you cause a drunk or drugged driving crash and the innocent party decides to file a lawsuit, you will be “served” notice that you’re being sued, and given a copy of the petition and the complaint. Someone, such as a process server or a sheriff’s deputy will approach you in person and hand you the court documents.

Depending on your automobile insurance policy, your insurance company may hire an attorney to represent you, but if you’re facing DUI charges, we recommend speaking with a DUI defense lawyer asap to explore your options.

If you caused a DUI accident, the plaintiff (injured party) may seek what’s called “punitive damages,” which are meant to penalize you. While auto insurance generally covers medical bills and property damage, it does not cover punitive damages. Meaning, if the plaintiff wins the case and he or she is awarded punitive damages, you would have to pay those damages out of your pocket, and they cannot be discharged in a bankruptcy later on.

Were you involved in a DUI accident? To discuss your case for free, contact our firm to meet with an Orange County DUI defense attorney!

Categories: DUI, DUI Accidents, DUI Advice
  • Board Certified Expert

    in DUI Defense

    Chosen as a “Top DUI Attorney” in Orange County & rated 10 out of 10 by Avvo.

    Meet Virginia L. Landry
  • Answers to All of

    Your Questions

    Visit our FAQ page to get answers to some of the most common questions.

    Read Common Questions
  • Get Help

    Immediately

    Don’t wait, time is of the essence. Contact us now for a free case evaluation.

    Get Started Today

Subscribe to Our Newsletter

Law Offices of Virginia L. Landry, Inc. - Orange County DUI Attorney
Located at 23046 Avenida De La Carlota, Suite 125
Laguna Hills, CA 92653.
View Map
Phone: (877) 384-7833
Local Phone: (949) 585-7400
Website:
© 2017 All Rights Reserved.

When You're

Ready to talk

Our firm is ready to listen. Call for a FREE case consultation.

Call Toll-Free 877.384.7833
Internet Marketing Experts The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.