En EspaƱol

DUI Victims' Rights

A person's physical health, mental well being and that of their family can be destroyed by a drunk driver. Even if this driver faces the criminal charge of felony DUI, what are the rights of the victim? A basic tenet of tort law is that a person who has been injured due to the negligent or criminal action of another person has a right to compensation for their injury. While trying to protect their rights DUI victims need to consider two important elements of the DUI tort.

Gather Information

The first element of a DUI tort is whether the driver was actually drunk and thus negligent. While it is a difficult and emotional task, you need to try to remember as much of the actual accident as possible. Since you were obviously shocked, traumatized and possibly unconscious in the course of the accident, how do you know the driver was drunk? It is very unlikely that they staggered over to witnesses and asked for a beer. Did you or anyone else notice them driving erratically prior to the accident? Were the police present at the scene of the accident?

The police should have written a report about the accident and you have a right to obtain a copy of this document from the police station. This report is very important as it contains information about the other driver, insurance, etc.; it will note if the other driver was charged for DUI. Did they take a breathalyzer test or refuse one? Was a blood alcohol test taken and what was the result? The police accident report may also include facts that you had forgotten during your trauma.

Another important element of the DUI tort are the damages or personal injuries the victim sustained. You need to gather information about your personal injury. It is always vital to see a physician as soon as possible after any accident. The hospital reports and the records of the physician will be important in proving the extent of your personal injuries, i.e. damages. You need to note what toll your injuries have taken on your family and also how much time you lost from your job.

Secure Your Rights

A DUI tort victim has the right to payment for medical care and rehabilitation. You also have the right to recover damages for any loss of pay you incurred due to your injuries. Your family has the right to compensation for what is known as "loss of consortium," which is loss of the joy being able to interact with you as they did before the accident. Also, many states have a victims' compensation statute.

You may feel overwhelmed after you have gathered all this information. How do you proceed to secure the compensation that is due you? You should not go through this procedure alone. You should talk to a DUI-victims' rights attorney with experience in DUI victims' cases. This attorney will know your rights and be able to gain you compensation for your personal injuries.

Related Articles

Have a question that wasn't answered here?

(800) 561-4887

Was This Page Helpful? Yes | No

See All Ratings And Awards

The BISNAR | CHASE Difference

  • “I was in a serious auto accident when I was in law school. I had to hire a personal injury attorney and had a really bad experience.”

    John Bisnar

    on what made him want to become a personal injury attorney

  • “I went to law school knowing I wanted to be a personal injury attorney. I wanted my life’s work to have a positive impact on other people’s lives.”

    Brian Chase

    on what made him want to become a personal injury attorney

  • “Whatever the philosphy of the management is, is going to be carried through by the employees and it’s going to reflect on the experience the clients have.”

    John Bisnar

    on his philosophy on running a law firm

  • “Everybody either drives in a car or rides in a car, so when I do the auto defect cases I really feel like I’m making the world safer by making vehicles safer.”

    Brian Chase

    on why he focuses on auto defect cases

  • “The first thing we want to do with our clients is to relieve the stress. Make them feel comfortable. Treat them as an honored guest.”

    John Bisnar

    on how he would define superior client representation

  • “Corporate greed is a reality in our world and I see it time and time again. Especially, with the auto defect cases we focus on.”

    Brian Chase

    on corporate greed and how it affects the consumer

  • “You are dealing with people who are seriously injured or have lost a family member...Compassion is understanding someone else’s situation.”

    John Bisnar

    on the role compassion plays in his profession

Bisnar Chase Personal Injury Attorneys
1301 Dove St #120
Newport Beach, CA 92660

local: (949) 203-3814
Get Directions

California Personal Injury Blog

CarMax in Hot Water for Selling Dangerous Recalled Vehicles

A new report is showing that CarMax is continuing its practice of selling vehicles that were recalled by automakers for serious safety defects. According to an article on Consumerist.com, the report

read article

Ashley Madison Hit with Four Lawsuits

Adultery website Ashley Madison has been hit with $500 million in lawsuits, each battling it out for class-action status. According to a report on Wired.com, two of these lawsuits were filed this

read article

Focus On Traffic Safety As Children Get Back To School

Fresh haircuts, new clothes and backpacks stuffed with supplies are not the only things a child needs to start the new school year. As millions of California students return to school in the next

read article


Copyright & Disclaimer

Disclaimer: The legal information presented at this site should not be construed to be formal legal advice, nor the formation of an attorney-client relationship. Any results set forth here were dependent on the facts of that case and the results will differ from case to case.

Bisnar Chase serves all of California. In addition, we represent clients in other states through our associations with local law firms. Through the local firm, we will be admitted to practice law in their state, pro hac vice, meaning "for this particular occasion." When in our client's interest, we employ the local law firm (at no additional cost to our client) to assist us with routine court appearances and discovery proceedings to more efficiently pursue our client's cause.

Copyright © 1999- Bisnar Chase Personal Injury Attorneys - All rights reserved.
Location: 1301 Dove St. #120, Newport Beach, CA 92660 - Tel: (949) 203-3814

Website Design, SEO and Legal Internet Marketing by: SLS ConsultingSLS Consulting