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How can you prove negligence in a wrongful death DUI case?

On Behalf of | Jul 1, 2024 | Wrongful Death DUI

Proving negligence in a wrongful death DUI case in California involves several key steps. Understanding some of these steps can help ensure you serve justice.

Establish duty of care

First, establish that the defendant owed a duty of care to the deceased. All drivers have a legal obligation to operate their vehicles safely and follow traffic laws. Demonstrating this duty is a crucial step in proving negligence.

Show breach of duty

Next, prove that the defendant breached this duty of care by driving under the influence. Evidence such as police reports, breath test results, and witness statements can demonstrate that the defendant impaired and violated traffic laws.

Connect the breach to the death

Establish a direct connection between the breach of duty and the wrongful death. This means showing that the defendant’s impaired driving directly caused the accident that resulted in the death. Accident reconstruction reports and expert testimony can help establish this link. The California MAIT may have additional evidence, data, or reports to further establish the link.

Demonstrate damages

Finally, demonstrate the damages resulting from the wrongful death. This includes economic damages like medical bills, funeral expenses, and lost income, as well as non-economic damages such as pain and suffering, loss of companionship, and emotional distress. Collecting and presenting comprehensive evidence of these damages is essential.

Ensuring justice

By following these steps, you can build a strong case and seek justice for your loved one. Understanding the legal process and gathering robust evidence can significantly impact the outcome of the case.