Negligence, DUIs in California: Legal Reasons #61

f you were injured in a DUI-related accident in California you may be able to pursue damages from the intoxicated driver through a personal injury lawsuit. Most DUI-related personal injury claims are filed on the basis of the negligence of the intoxicated driver. The claim, however, will depend on whether the intoxicated driver was charged with Driving Under the Influence.

Negligence Per Se. If the driver that caused your accident was arrested for and/or charged with driving under the influence, your lawsuit for damages will be based on negligence per se. Negligence per se means:

  • The driver violated a statute, ordinance, or public regulation;
  • The violation was the proximate cause of the injury or death in question; and
  • The injury or death resulted from behavior that the statute, ordinance, or public regulation was designed to prevent.

An arrest for and/or charge of DUI in California does most of the groundwork for a civil suit for damages. The first prong of the required elements is taken care of by the arrest and/or DUI charges. The victim must prove that the injuries sustained – or live(s) lost – are a direct result of the driver getting behind the wheel while under the influence of drugs or alcohol.

Damages in DUI Personal Injury Cases

Victims of drunk driving accident cases can file a personal injury claim to recover damages for their injuries. Additionally, families of victims who were killed in drunk driving accidents may file wrongful death lawsuits to recover compensation for the loss of their loved one. Damages are generally broken down into two categories: economic and non-economic.

Economic damages are those awarded for calculable, verifiable out-of-pocket expenses incurred by the victim and/or his or her family. These often include medical expenses, surgery, rehabilitation, hospital bills, lost wages, lost earning potential, and funeral costs.

Non-economic damages are those awarded for injuries that are hard to value. Non-economic damages may include mental anguish, pain and suffering, and loss of consortium.

Punitive Damages for Driving Under the Influence in California

Punitive damages are generally not available in California personal injury cases. However, the state has carved out an exception for drunk driving personal injury lawsuits. In a 1979 cause, the California Supreme Court heldthat punitive damages may be “recoverable from an intoxicated automobile driver, because the person who voluntarily drinks and does drugs knowing they will drive demonstrates a conscious and deliberate disregard of the safety of other persons.”


Food For Thought, Inpsiration

Resistance is Futile

It’s funny how time changes perspective, but it’s not just time, but also shifting out of my shit. When I actually step back and see how  much I resist something that is good for me, good things begin to happen. Part of my resistance to change is that I have many things I have taken on, and I wish to ensure I can still do them. It hit me that those are all choices, and if I still choose them I just get to do them in a different matter or at a different time. When I shifted, suddenly things got easier. The pressure on my chest eased, and then I wonder what the hell was I fighting so hard for anyway.

It hits me that as I stretch and become comfortable being uncomfortable, change is inevitable and resistance is futile. Life will be never the same as always especially when I want to live a life of vision and transformation. So I go back to acceptance, and I realize I have a strong team around me that won’t let me fall no matter how much I fight them because they seem in my greatness when I am wallowing in my shittiness.

Happy Monday.

P.S: I Love You. You know who you all are!


Why You May Need an Attorney: Legal Reasons #60

Whether you need an attorney to start your business depends in large part on what legal type of business you are starting. The simpler the business, the less need for an attorney. Let’s look at the various business legal types:

Sole proprietorship – This business type doesn’t require you to register with a state. You probably don’t need an attorney to start this business type, since no specific paperwork is required, outside of any local business licenses. 

Partnership or LLC – These business types must register with a state. Other documents must be prepared, like a partnership agreement or LLC operating agreement. You may be able to register online with your state or use an online service to register your business. If your business is at all complicate, it’s a good idea to use an attorney to help you start these business types.

Corporation or S Corporation – These businesses must register with a state, must prepare bylaws and other documents, and have a more complicated ownership structure. You almost certainly need to use an attorney to help you start these business types. (Note: The S corporation starts as a corporation then elects S corporation status.)

  • If you are being sued, it’s too late. Most small businesses put off hiring a lawyer until the sheriff is standing at the door serving them with a summons. Bad mistake. The time to hook up with a good business lawyer is before you are sued. Once you have been served with a summons and complaint, it’s too late–the problem has already occurred, and it’s just a question of how much you will have to pay (in court costs, attorneys’ fees, settlements and other expenses) to get the problem resolved.
Food For Thought, Inpsiration, Journal

Alone and Ornery

The past few weeks have not been easy, but worst of all, they have made me feel the most alone in a long time. It’s hard to explain how much fortitude it takes not to snap or be judgemental, yet I still manage to do it. Each morning, it feels pointless to do the things that I am doing to get a grip on my life and my feelings. Yet I do them on faith alone. It’s been hard to wake up to do my morning routine. Hard to do all the things I do to keep myself grounded and calm as things and people change in my life. It’s been a struggle not to react to ever-changing aspects of my life, but most of all, it’s been hard not to miss my dad and aunt.

I want it to get easier. I almost wish time would heal, but there are days the wound is as raw as the first day, and I break down at strange times.  Heading to the gym while listening to Rocky 4, or heading to do errands and suddenly choking up. It still surprises me how deeply it hurts. And then there are interactions with others where I vehemently disagree with their reasoning yet I still do as I am requested. And it takes me down a deeper rabbit hole of pain.

And finally, it’s just dealing with people because you love others and want to make them happy, but being around their friends or significant others just makes me feel alone and ornery. I do it reluctantly, but I also wonder at what cost to my heart and soul. So I withdraw, get quieter, lose myself in my routines. but it just hurts.

It hurts deep, and it hurts hard, and makes me feel alone and ornery.


Family, Food For Thought, Inpsiration, Journal

Negativity Bubble

The past few days have been  struggle. I see something in myself that I don’t like: negativity and self-doubt. Lately, it is never easy to tell when I am being cautious, prudent or just being an asshole. I feel as if I am fighting unstoppable forces and it’s made me incredibly sad. I look for relief in my morning routine, meditation, writing and talking to others just so I can be sure what I am saying or fighting isn’t me being just scared. But I still cannot tell. And it hurts, and makes me doubt if I am just being a roadblock, and then I just want to give in and not be this negative force. There is a part of me that is sure that I am right, but another part that says what if I am not?

So I take moments to shift, to see the other side, and take a breath. To remain calm, and not just react. And then I surrender because, at worst, it may just be a wrong decision, but I won’t die, nothing will get broken, and all that will be wasted is my energy and time. Sometimes resisting is not the best way to cope with strategy or new directions.

So I begin with this week with acceptance, being calm and present, and allow life to take me on this journey. I look forward to finding ways to be in contribution.

Happy Monday!