Approximately 30 percent of all Americans are expected to be involved in a drunk driving accident in their lifetime. More than 10 percent of Americans aged 12 and older drove under the influence of alcohol at least once in 2001 and that nationwide. A rough average of 59 people is killed every hour in a drunk driving auto accident. (Proner, 2007)



Drunk Driving is one of the leading causes of fatal automobile accidents in the United States. According to the National Highway Traffic Safety Administration (NHTSA), nearly 40% of total traffic fatalities are alcohol-related incidents.

Life is precious and those who are not killed by the negligence of drunk drivers, though fortunate, may be left with life-altering injuries that could prevent them from their previous way of life. These auto accident injuries may be severe enough to prevent a person from returning to work or engaging in recreational activities he was once used to. Sprains, ruptured disks, fractures, paralysis and brain damage are some of the debilitating injuries that haunt victims even for years after the accident.

Drunk driving is a criminal offense, punishable by fines, jail time, and revocation of license. Drunk drivers are charged with driving under the influence or driving while intoxicated, which includes the use of alcohol and drugs that impair the ability to operate a motor vehicle properly. This includes common illegal drugs, such as cocaine and marijuana, as well as over-the-counter drugs and prescription medications that warn against use while driving.

Victims of car accidents where the negligent driver is charged with “Driving under the Influence” (DUI) could be entitled to punitive damages in addition to compensatory damages. Negligent drunk drivers, on the other hand, may serve time in prison or have their licenses revoked and pay huge amount of fines, but pain and trauma suffered by the victims due to the drunk driver's negligent actions remain, unchanged, without direct remedy available. No amount of penalty or compensation can make up for personal damage, but that is the closest a victim can resort to.

A drunk driver is held liable for paying compensatory damages, actual and general ones, which include medical expenses and loss of future wages; pain and suffering damages for the emotional distress the accident has brought upon the victim and his or her family; and punitive damages to serve as punishment for his or her negligent actions. In some cases, the establishment that provided alcohol to the drunk driver may also be held liable.

It is important for a victim to seek California legal service, talk to an experienced attorney, and file an auto accident or injury case as soon as possible after a drunk driving accident. In many states, the statute of limitations for filing these cases is two years from the time of the accident, but varies in others. By the time the statute of limitations expires, in most cases, the victim will not be able to pursue a case and obtain compensation for incurred injuries.