Switching Seats: When the Driver in a California Accident Is Unclear
If an intoxicated individual causes a crash in California, there is an obvious incentive to switch places with a non-intoxicated passenger. Does this strategy really work after an accident? More importantly, how might it affect an injured victim’s ability to pursue compensation? These are questions that may arise after a California auto accident involving intoxicated individuals.
Switching Seats is a Common Phenomenon After DUI Crashes in California
Many intoxicated drivers in California have attempted to switch seats with passengers to escape the consequences. On at least one occasion, a drunk American driver even attempted to switch places with his dog before police arrived. The incentives for this strategy are obvious. If the driver switches places with a non-intoxicated person, they can simply claim that they were sitting in the back seat when the accident occurred.
This Strategy Has a Number of Issues
Fortunately for victims of intoxicated drivers, the “switching seats” strategy has several problems. First of all, witnesses may spot drivers switching seats. Dashcams are increasingly common in California, and this “switcheroo” might be caught on camera. In addition, there is a strong chance that the passenger would also be intoxicated. In fact, if the passenger was sober, they would have probably assumed driving responsibilities from the beginning of the journey.
In addition, police tend to subject everyone to alcohol tests after arriving at the scene of a crash – including passengers. If it later becomes clear that a passenger was the one behind the wheel, Breathalyzer data can help ensure appropriate consequences. In the end, criminal charges for both passengers and drivers are likely if they attempt to engage in this desperate strategy. This strategy may also lead to the charge of “providing false information to a police officer.”
Pursuing Compensation from Drivers Who Switch Seats
In many ways, an attempt to switch seats is not unlike a hit-and-run, as both strategies represent dodging responsibility. Fortunately, pursuing compensation for these accidents should be relatively straightforward – especially if plaintiffs work alongside qualified injury attorneys.
Although intoxication levels may not be clear, fault can be determined with conclusive evidence. Police may examine tire marks at the scene of the crash, question witnesses, and use various forensic strategies to recreate the circumstances of the crash. Reckless driving suggests clear fault – whether the intoxication level of the driver can be established or not. Plaintiffs can also turn to their own insurance policies for compensation in the event of an accident.
Find a Qualified, Experienced Injury Attorney in Riverside
If you’ve been searching for a qualified, experienced injury attorney in Riverside, look no further than the Knez Law Firm. We know that details are important when taking legal action against intoxicated drivers for causing crashes. With our help, you can gather evidence, negotiate for fair settlements, and pursue the compensation you need to cover medical expenses, missed wages, and emotional distress. Book your consultation today to get started with an effective action plan.
Matthew J. Knez graduated from the University of Redlands in California where he earned a Bachelor of Arts degree in Creative Writing. He went on to pursue his Law Degree at the University of LaVerne, College of Law in Ontario, California. While pursuing his law degree he earned various awards, including CALI Award in Torts and he was on the Dean’s List. Mr. Knez was also a member of the Justice and Immigration Clinic where he worked with people seeking asylum into the United States from countries where they had experienced persecution or threat of persecution. Additionally, Mr. Knez was a member of Law Review where he was an Associate Editor and published a Law Review article on California family custody move-away cases.