From the Case Files: Driver Injured by DUI Wins Policy Limits
From time to time, I like to highlight some of my cases and show how the Rabbi Lawyer handled the matter successfully to completion.
To that end, I present this month’s “From the Case Files”, detailing a recent victory involving a driver injured by another driver who was DUI—driving under the influence.
On a cold, rainy night in the Granada Hills area of the San Fernando Valley, my client was traveling westbound on Rinaldi, approaching the intersection of Sepulveda. It was approximately 10:00PM, and very few cars were on the road. The client had a green light, and proceeded to cross through the intersection. Out of nowhere, he felt a violent impact on the left side of his vehicle. The impact caused his car to spin out of control and come to rest on the curb next to a gas station. The photo included here is the actual photo taken by the client in the aftermath of the collision.
It took the client a few minutes to come to his senses. He realized he’d been involved in a serious auto accident in Granada Hills. His car had trouble opening, but he was able to kick the door from the driver seat to get the door open. As he stepped outside, two police officers who happened to have been driving by came to assist him.
The officers checked with the client, then went to the offending driver, who was still in her car. They began asking her questions, but she was unresponsive even though she was conscious. The officers began an investigation, and determined that the driver of the car in this photograph was impaired by alcohol. She was promptly arrested for driving under the influence.
My client’s car was totaled and had to be towed from the scene. The collision occurred a few miles from his home and, ironically—a short distance from an LAPD police station. As days went by, my client suffered from serious neck and back pain.
We realized this was a serious matter. My office filed a lawsuit against the offending driver, and we sought punitive damages. Punitive damages are intended to punish the offending driver, and they serve as a deterrent to future misconduct. Punitive damages are not an available remedy in every case, and the defense lawyer in this case argued to me they were inapplicable here as well.
We negotiated further, and my office proposed a solution: the DUI defendant’s insurance company should pay the full policy limits, and we would dismiss the case and punitive damages complaint. The defense jumped at this opportunity, and my client was able to avoid protracted litigation and got the full available policy limits. It was a win-win.
Every case is unique and every case is different. Each case requires its own unique strategy, and thankfully this client got the justice he deserved when his life got upended by a careless, DUI driver.
There are two lessons of this story. 1) Don’t drive drunk!! Even if you think it’s a short distance, it’s illegal, dangerous, and could cost someone their life. This collision occurred near a police station, and the offending driver was promptly apprehended. She faced years of court hearings, most of which my client and I attended. I can guarantee the few drinks she had weren’t worth the pain of being subjected to this lawsuit and the criminal prosecution process.
2) Hire a lawyer! If you were injured in a Granada Hills or other Los Angeles area car accident, hire a car accident lawyer to get you the full compensation you deserve. Don’t go it alone! Other lawyers might have settled this case for peanuts, but not me.
It was my pleasure representing this client who was affected by a DUI driver in the San Fernando Valley and obtaining such a great result for him. I’d love to answer your questions about your case.
Remember, Rabbi Lawyer is ready to assist, 24/6!
