During the past few decades, driving under the influence has been a significant problem. Across the United States, the legal limit for blood-alcohol concentration (BAC) is 0.08%. Anyone who operates a motor vehicle with a BAC over this amount is driving under the influence and committing a crime and should be held responsible in criminal court; however, can you sue a drunk driver for wrongful death? Motor vehicle accidents can range markedly in terms of their scope and severity. If someone is involved in a motor vehicle accident while driving under the influence, this could result in a wrongful death situation. You should rely on a California wrongful death attorney to help you.
Who Can Bring a Wrongful Death Lawsuit?
If someone passes away following a motor vehicle accident, this is always a tragedy. It is an even bigger tragedy if that accident could have been avoided, such as someone operating a motor vehicle while intoxicated. In the state of California, only certain individuals are eligible to bring a wrongful death lawsuit. Minor children and surviving spouses are usually the parties to bring a wrongful death lawsuit against the person responsible; however, parents and other family members might also be able to bring a wrongful death lawsuit if they meet certain conditions. Because the statute is a bit complicated, it is critical to rely on the experience of a wrongful death attorney who understands how to navigate the situation.
How Do You Prove a Wrongful Death Case?
In order to prove a wrongful death case, there are several conditions that have to be met. These include each of the following:
- First, you need to prove that the defendant was acting in a careless or reckless manner, such as drunk driving.
- Second, you need to show that there was some breach of duty. Anyone who is driving on the road is responsible for taking care of other drivers, pedestrians, and cyclists who are also on the road.
- Third, you have to show that the defendant was responsible for the death of the person involved.
- Finally, you have to show that the death of the defendant has harmed you in some way. This could include pain and suffering, additional medical expenses, lost income, and funeral expenses.
If you can satisfy all four of these criteria, then you should be able to meet the standard for proving a wrongful death case. A California wrongful death attorney can guide you during this process.
Contact BIKLAW: A Wrongful Death Attorney in California To Help You
It is a tragedy when a loved one passes away due to the negligence of a drunk driver. You should not have to worry about financial expenses on top of this emotional devastation. That is why you should rely on an experienced wrongful death lawyer to help you. At the Trial Law Offices of Bradley I. Kramer, M.D., Esq. we have compassionate legal professionals who can represent you in a wrongful death case against a drunk driver. Contact us today to learn more about our services.