Los Angeles Drunk Driving Accident Attorney
If you or a loved one has been involved in a drunk driving accident in Los Angeles, you need an experienced lawyer on your side. With the help of a Los Angeles drunk driving accidents attorney, you can hold the responsible party accountable for their actions and seek the compensation you deserve.
We know that the aftermath of a drunk driving accident can be overwhelming, but with Conlogue Law, LLP on your side, you can rest assured that your rights and interests are in capable hands. Combining our deep knowledge of California’s legal landscape and our commitment to achieving the best possible outcome for our clients sets us apart.
Let Conlogue Law, LLP provide you with the guidance and representation you deserve, ensuring that justice is served and that your path to recovery is clear.
What is a drunk driving accident?
A drunk driving accident, also known as a DUI (Driving Under the Influence), occurs when a motor vehicle collision involves a driver operating the vehicle while under the influence of alcohol or drugs.
In California, driving a vehicle is against the law if:
- You are 21 or older and have a 0.08% or more BAC.
- You are under 21 or on DUI probation and have a 0.01% or higher BAC.
- You need a commercial driver’s license and a BAC of 0.04% or higher.
- You carry a hired passenger with a BAC of 0.04% or higher.
In these accidents, impaired drivers’ judgment, coordination, reaction time, and ability to safely operate a vehicle are compromised due to the effects of alcohol or drugs.
If you were injured in a DUI accident, call our Los Angeles drunk driving accidents attorney to determine your legal options to seek compensation.
Types of Injuries in a Drunk Driving Accident
Drunk driving accidents can result in various types of injuries. These injuries can range from minor cuts and bruises to something as severe as traumatic brain injuries (TBI) or emotional trauma. The common types of injury sustained in a drunk driving accident include:
- Head and brain injuries
- Spinal cord injuries
- Broken bones and fractures
- Internal injuries
- Cuts and lacerations
- Burns and abrasions
- Psychological trauma and emotional distress
Delaying medical treatment can worsen your injuries and make it harder to recover. If you wish to claim the compensation you are entitled to, contact a trusted Los Angeles drunk driving injury lawyer to get started with your injury claim.
10 Things to Do After a Drunk Driving Accident
If you are the victim of a drunk driving accident in California, it’s crucial to follow these steps to guarantee your safety, safeguard your rights, and gather vital information for potential legal measures.
Check out this brief guide on what actions to take:
- Prioritize Safety. Check for injuries and ensure the safety of all involved parties. If anyone is injured, call 911 immediately to request medical assistance.
- Contact Law Enforcement. Even if the other driver is suspected of being under the influence, call the police to report the accident. Law enforcement will document the incident and conduct necessary investigations.
- Exchange Information. Exchange contact, insurance, and vehicle information with the other driver(s) involved. If possible, gather contact information from any witnesses.
- Document the Scene. Take photos of the accident, including vehicle positions, damages, road conditions, and any relevant signs or landmarks.
- Refrain From Confrontation. Avoid engaging in arguments or confrontations with the impaired driver. Remain calm and cooperative with law enforcement.
- Do Not Admit Fault. Refrain from making statements that could be interpreted as admitting fault. Stick to providing factual information without speculating.
- Seek Medical Attention. Even if you don’t feel seriously injured, seeking medical attention is advisable. Some injuries might not immediately be apparent.
- Contact Your Insurance. Notify your insurance company about the accident, providing them with accurate and truthful information.
- Avoid Discussing the Case. Refrain from discussing the accident or your injuries on social media, as these statements could be used against you.
- Consult an Attorney. Reach out to a trusted Los Angeles drunk driving accidents attorney, like Conlogue Law, LLP. We can guide you on your legal rights and options moving forward.
By following these steps, you’ll ensure your safety, gather evidence, and set the foundation for any accident claim for injuries sustained in the drunk driving accident. Always prioritize your well-being and rights in these situations.
Who is liable for my drunk driving accident injuries?
If you have decided to file a claim for your injuries or sue for wrongful death, the next question you need to answer is this: Who should you sue to seek compensation for your accident injury?
Regarding drunk driving accident injuries, two parties can be held liable by the victims – either the intoxicated driver or the business that served alcohol to the driver.
Are drunk drivers always at fault?
Are drunk drivers always to blame? California’s comparative negligence laws allow multiple parties to share the blame for a car accident. This means a drunk driver may not always be considered responsible for a drunk driving accident.
California determines liability for injuries by looking at the following factors:
- The responsible person should have been driving a vehicle.
- The person should have committed an unlawful action or failed to fulfill a lawful responsibility while driving.
- This action should have caused physical harm or damage to someone else’s property.
If you cannot prove that the intoxicated driver was responsible for your accident injuries, it will affect your claim’s compensation and recovery process. To avoid this issue, consult an experienced Los Angeles personal injury lawyer.
Can a business be held responsible for serving the at-fault party too much alcohol?
Typically, the answer is no.
In California, the Dram shop law establishes that places like bars and restaurants that served the person responsible for the accident cannot be held responsible.
But there’s a special circumstance covered by Section 1714(d) of the California Civil Code. In this part, the injured party can claim against any adult who knowingly provided alcohol to a person under 21.
In short, you can only hold establishments accountable for drunk driving accident injuries if they knowingly served alcohol to someone underage.
FAQs on Drunk Driving Accidents & Injuries
What is California’s statute of limitations on injury claims for drunk driving accidents?
Like other cases involving personal injuries, drunk driving accidents have a legal deadline called a statute of limitations. This rule sets a specific period within which the person who got hurt can’t bring a lawsuit.
As per Section 335.1 of the California Code of Civil Procedure, individuals harmed in DUI accidents must file their lawsuit within two years from the day of the crash. If they don’t, they lose the right to file a lawsuit. Despite this tight timeframe, a few exceptions depending on the circumstances.
For instance, if the person bringing the lawsuit was below 18 years old or mentally disabled when the accident happened, the statute of limitations is put on hold until they:
- Turn into an adult (which happens at 18 years old)
- Gain the mental capacity to make legal choices
There’s another situation where an exception applies. If the person responsible for the accident leaves California before the injured person files a lawsuit, the countdown only begins once that person returns to the state.
If you think any of these exceptions might be relevant to your case, having a conversation with our skilled California drunk driving accident lawyer is a good idea.
How can I prove negligence on my drunk driving accident injury claim?
Proving negligence in a drunk driving accident injury claim involves demonstrating that the responsible party’s actions (or lack thereof) breached their duty of care, directly causing your injuries and damages. To build a strong case, you need to collect and present evidence that establishes the four factors of negligence:
- Duty of Care. Start by establishing that the other driver had a duty of care to drive responsibly and obey traffic laws. This is a common duty all drivers owe to fellow road users.
- Breach of Duty. Show the drunk driver breached this duty by operating a vehicle under the influence of alcohol, which is a violation of the law and a clear breach of their duty of care.
- Causation. Demonstrate a direct link between the drunk driver’s breach of duty and your injuries. This means proving that the accident and subsequent injuries would not have occurred if the driver had not been intoxicated.
- Damages. Present evidence of the damages you incurred from the accident, such as medical bills, property damage, lost wages, pain and suffering, and emotional distress.
Do Insurance Companies Pay for Drunk Driving Accidents?
Major insurance companies contest most drunk driving accident claims. It’s important to understand that these companies are primarily concerned with protecting their financial interests, not yours.
When dealing with an insurance company after a DUI accident, it’s crucial to be cautious and aware of the following tips:
- Refrain from admitting fault or taking the blame. Insurance companies may shift some responsibility onto the injured person to reduce liability. Never admit or agree to any blame in a DUI accident. The person driving under the influence should take full responsibility for their actions, and discussions about blame should be avoided with insurance adjusters.
- Avoid giving any statements. You are not obligated to provide a recorded statement to the insurance company immediately after an accident. Insurance adjusters may try to obtain details that can be used against you when handling claims. It’s best to stay silent and let the insurance company communicate with you through your personal injury lawyer.
- Steer clear of settling matters too soon. Insurance companies often try to minimize compensation for someone injured in a drunk driving accident. They may offer a quick, inadequate settlement. It’s important not to agree to a settlement that is less than you deserve. Allow a skilled Los Angeles drunk driving accidents lawyer to discuss the settlement on your behalf.
- Don’t sign any papers. Before signing any documents from an insurance company, consult with your personal injury lawyer. Insurers may request access to your medical records, claiming it’s normal. However, they may use this information to reduce your compensation. You may not be obligated to provide them complete access to your records, and your lawyer will ensure your rights are protected.
- Coordinate with your DUI accident attorney. Dealing with a large insurance company on your own can be overwhelming. Insurers invest significant efforts into minimizing your compensation. To protect your rights and well-being, working exclusively with a skilled DUI accident attorney is best. Remember, you have the right to legal support, so use it.
How much can I recover for damages in my drunk driving accident injury claim?
Whether you are filing a claim for slip and fall accident injuries or DUI-related injuries, two main types of damages apply to a drunk driving accident in California: compensatory and punitive.
Compensatory damages cover both tangible financial losses (economic) and intangible ones (non-economic), while punitive damages penalize the person responsible for the accident.
- Economic Damages. Every DUI accident claim begins with financial setbacks caused by the collision. These losses, known as economic damages, form the foundation of most claims and include expenses for medical care, repair or replacement property or vehicles, earnings lost while recuperating, and diminished ability to earn in the future. Our Los Angeles drunk driving accidents attorney can gather all your receipts, bills, and estimates to create a clearer picture of the losses you’re currently facing.
- Non-Economic Damages. Not all the losses resulting from an accident are something you can touch. Non-economic damages cover emotional distress, lowered enjoyment of life, long-term disability, significant physical changes, physical and emotional distress, and impact on relationships. We aim to select the calculation that fits your unique circumstances, such as a multiplier or per-day method.
- Punitive Damages. Punitive damages can be part of a drunk driving accident case if the driver who caused the accident deliberately or recklessly acted, ignoring the safety of others. For instance, punitive damages could be granted if the person responsible has a history of similar behavior. Speak with our Los Angeles personal injury lawyer to learn more.
Why do I need a Los Angeles drunk driving accidents lawyer?
When you’re involved in a drunk driving accident in California, it’s crucial to have a skilled attorney by your side. At Conlogue Law, LLP, we specialize in handling these cases and protecting your rights. Here’s why you need our help:
- We handle all aspects of your case. From dealing with the insurance company to representing you in court, we care for everything so you can focus on your recovery.
- We gather evidence. We acquire the police report, interview witnesses, obtain DUI test results, locate security camera footage, and review your medical records. This comprehensive approach strengthens your case.
- We bring in experts. We enlist accident reconstruction specialists or doctors who can provide valuable insights and support your claim if necessary.
- We negotiate on your behalf. We discuss with the defendant’s insurance company to seek a fair settlement. Most cases are resolved at this stage, saving you time and stress.
- We’re prepared for trial. If a settlement cannot be reached, we’re ready to file a lawsuit and provide you with strong representation in court. Our experienced attorneys will fight for your rights and seek the compensation you deserve.
Don’t let uncooperative insurance companies deny you the justice you deserve. Trust Conlogue Law, LLP, to handle your drunk driving accident case professionally and seriously. Contact us today to schedule a consultation.
Call Our Los Angeles Drunk Driving Accident Lawyer Now!
Are you feeling lost and overwhelmed after a drunk driving accident? Take a deep breath and relax because we’ve got your back.
Our team of Los Angeles drunk driving accidents attorneys is here to provide you with trustworthy guidance and representation for your recovery and justice. We understand that navigating the legal complexities can be daunting, but we’re here to be your dedicated ally.
Whether you are filing a product liability claim or seeking compensation for maritime accidents, we’re here for you. Let us help you reclaim your life and get back on track. Contact Conlogue Law, LLP today.