Monder Law Group - News
Credibility of Injured Witness Seeking Damages in a San Diego DUI Case
Under the laws of the State of California, in any action to recover damages from the use of a motor vehicle, a person must not recover non-economic losses to compensate for suffering, pain, physical impairment, and other damages if any of the following applies:
- If the person was driving under the influence and is convicted of that offense.
- If the owner of the vehicle was involved in the accident and the vehicle was not insured by the financial responsibility laws of the State of California. The person cannot recover non-economic losses, unless the person who was driving under the influence caused the injury and was convicted of that offense.
- Any person involved in a accident could have financial interest in helping the prosecution to obtain a conviction of the defendant’s charged. This information can be considered, deciding whatever weight you choose, in judging the credibility of the testimony of any witness who has financial interests in the aftermath of this case.
In Allen v. Sully-Miller Contracting Co., Allen (Plaintiff) had an accident when driving his uninsured motorcycle. Plaintiff was injured in a single-vehicle accident when he was trying to turn across an unmarked elevated bus pad on a public roadway. Plaintiff brought a negligence action against a construction company that maintained control over the roadway when the accident occurred. The tire of the motorcycle was seen on an uneven street surface, which caused the motorcycle to fall, and plaintiff thought he could recover for damages. The California Supreme Court held that Civil Code Section 3333.4 barred plaintiff from recovering non-economic losses.