CAN YOU MAKE A CLAIM IF YOU WERE UNDER THE INFLUENCE?
California law states it is illegal to operate a motor vehicle while under the influence of alcohol or drugs. This article addresses the question of can you recover damages if you are injured while driving under the influence.
CALIFORNIA LAWIn 1996, the voters passed Proposition 213, which became law. The law provides that an injured person driving under the influence of alcohol or drugs is not entitled to pain and suffering damages.
HOW THE LAW WORKSA person who is found guilty of driving under the influence of alcohol or drugs cannot recover damages for pain and suffering. Guilty means convicted of a DUI. If you were arrested but not convicted, the law does not apply. You are entitled to full compensation including pain and suffering damages.
The driver is still allowed to receive compensation for property damage, medical bills, and lost wages.
DOES THE LAW APPLY TO PASSENGERS WHO ARE UNDER THE INFLUENCE?No.
CONCLUSIONKnowing your rights after a car accident is critical. Call MCIS for a free consultation about your case.