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Injured driving DUI

May 6, 2016

If the fines, penalties, and loss of license isn’t enough to convince you to not drive while DUI (Under the influence) here is yet another reason. Under California Civil Code § 3333.4 (a)(1) in any action to recover damages arising out of the operation or use of a motor vehicle, a person shall not recover non-economic losses to compensate for pain, suffering, inconvenience, physical impairment, disfigurement, and other non pecuniary damages if any of the following apply: (a) the injured person was at the time of the accident operating the vehicle in violation of Section 23152 or 23153 of the Vehicle Code, and was convicted of that offense.


This means most of the “$$$” of the claim for being injured are not available to the convicted impaired violator. We know that drinking and driving is a mistake, and here is yet another reason not to make this avoidable mistake.

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