What Can A Drunk Driver Accident Lawyer Do Regarding Your Legal Case?
One of the most concerning type of situation is accidents involving drunk drivers. When you or a loved one becomes a victim of such an incident, seeking justice and fair compensation becomes most important. This is where the knowledge and experience of a dedicated drunk driver accident lawyer comes into play.
At Conlogue Law LLP, we understand the physical, emotional, and financial toll that a drunk driving accident can take on victims and their families. Our team of experienced attorneys is here to support you in your time of need. We represent victims of drunk driving accidents in Beverly Hills, and we are committed to helping you navigate the legal complexities surrounding your case.
Our Beverly Hills legal firm are ready to listen to your story, evaluate your case, and provide you with the guidance you need to seek justice and recover the compensation you deserve. Your rights and well-being matter to us, and we are dedicated to fighting for your rights throughout the legal process. Don’t hesitate; take the first step toward justice today by reaching out to us for your free consultation.
What is a DUI Accident?
A DUI (Driving Under Influence) accident is a motor vehicle crash that is caused by a driver who is impaired by alcohol or drugs. DUI accidents are a major public safety problem, and they are responsible for thousands of deaths and injuries each year.
In the United States, it is illegal to drive with a blood alcohol concentration (BAC) of 0.08% or higher. However, even a small amount of alcohol can impair driving ability. DUI accidents can also be caused by drivers who are impaired by other drugs, such as marijuana, cocaine, or prescription medications.
DUI accidents are often more severe than other types of accidents. This is because impaired drivers are more likely to make mistakes, such as speeding, driving erratically, or failing to yield the right-of-way. DUI drivers are also less likely to be able to react quickly to unexpected events on the road.
If you are involved in a DUI accident, it is important to seek medical attention immediately, even if you do not feel injured. You should also report the accident to the police.
What are the Penalties for DUI Offenses?
The penalties for DUI offenses in California vary depending on the number of prior convictions, the BAC of the driver, and whether the offense involved an accident or injury.
First offense DUI
A first offense DUI in California is a misdemeanor. The penalties can include:
- Up to 6 months in county jail
- A fine of $390 to $1,000
- A driver’s license suspension of 6 months
- Completion of a 30-hour DUI education program
- Installation of an ignition interlock device (IID) for 6 months
Second offense DUI
A second offense DUI in California is also a misdemeanor, but the penalties are more severe. They can include:
- 96 hours to 1 year in county jail
- A fine of $390 to $1,000
- A driver’s license suspension of 2 years
- Completion of a 18-month or 30-month DUI education program
- Installation of an IID for 1 year
Third offense DUI
A third offense DUI in California is a felony. The penalties can include:
- 120 days to 1 year in county jail
- A fine of $390 to $1,000
- A driver’s license suspension of 3 years
- Completion of a 30-month DUI education program
- Installation of an IID for 3 years
Whose Fault was the Accident?
In car accident cases, fault is the most important issue. Fault determines who is financially responsible for the damage and injuries caused by the accident.
To prove fault, the injured person must show that the other driver owed them a duty of care, breached that duty, and that the breach caused the accident.
- Duty of care: Everyone has a duty to take reasonable steps to avoid harming others and their property. In the context of driving, this means operating the vehicle with reasonable care at all times.
- Breach: A person breaches the duty of care by failing to act as a reasonable person would under the circumstances. In a car accident case, the injured person must identify what the other driver did or failed to do that was careless or unreasonable.
- Causation: The injured person must prove a direct link between the other driver’s breach of care and the damage or injuries.
For example, if a driver is texting while driving and rear-ends another car, they have breached the duty of care to other drivers. The breach caused the accident, and the injured driver can likely recover compensation for their damages.
If you have been involved in a car accident, you should contact a drunk driver accident lawyer to discuss your legal options. An attorney can help you determine who was at fault and file a claim with your insurance company or pursue a lawsuit against the other driver.
Are Drunk Drivers Always at Fault?
California law does not always hold intoxicated drivers responsible for car accidents. Even though it may seem obvious that impaired drivers are at fault, there are situations where they may not be.
If you are involved in a drunk driving accident, you should consult with an experienced attorney to discuss your case. A lawyer can help you determine who is liable and seek justice and compensation on your behalf.
To be held liable for a drunk driving accident in California, the driver must have been:
- Driving a motor vehicle
- Breaking the law or failing to do something they were legally obligated to do while driving
- Caused physical injury or property damage to another person
Negligent or illegal acts that can lead to liability for a drunk driving accident include:
- Speeding
- Failing to stop or yield
- Failing to signal
- Failing to wear a seatbelt
However, even if a driver is intoxicated, they may not be liable for an accident if another driver’s negligence was the primary cause. For example, if a drunk driver is stopped at a red light and is rear-ended by a distracted driver who is looking at their phone, the drunk driver may still be arrested for DUI, but they may not be at fault for the accident.
If you have been injured in a drunk driving accident, you should contact a drunk driver accident lawyer to discuss your legal options.
What are the Compensations for a DUI Accident?
Victims of DUI accidents may be able to recover compensation for a variety of damages, including:
- Medical expenses: This includes the cost of past and future medical treatment, such as hospitalization, surgery, rehabilitation, and prescription medications.
- Lost wages: This includes the loss of income that the victim has incurred due to their injuries, as well as the loss of future earning potential.
- Pain and suffering: This includes compensation for the physical and emotional pain and suffering that the victim has experienced as a result of the accident.
- Property damage: This includes the cost of repairing or replacing the victim’s damaged vehicle or other property.
In some cases, victims of DUI accidents may also be able to recover punitive damages. Punitive damages are awarded to punish the drunk driver for their reckless behavior and to deter others from driving under the influence.
The amount of compensation that a victim of a DUI accident can recover will vary depending on the severity of their injuries and the circumstances of the accident. However, even victims of minor DUI accidents may be able to recover significant compensation for their medical expenses, lost wages, and pain and suffering.
If you have been injured in a DUI accident, you should contact an experienced personal injury attorney to discuss your legal options. A drunk driver accident lawyer can help you investigate the accident, determine who was at fault, and file a claim with your insurance company or pursue a lawsuit against the drunk driver.
What To Do Right After Getting Hit by a Drunk Driver?
The steps outlined in your description are crucial for anyone who has been involved in a drunk driving accident. Dealing with the aftermath of such an incident can be overwhelming, and taking the right actions is essential to protect your well-being and your legal rights. Here’s a summary of those steps:
- Call 911: Prioritize your physical and mental health by seeking medical attention immediately. This not only ensures your well-being but also provides documentation of your injuries for potential claims or lawsuits.
- Call the Police: Reporting the accident to the police is vital, especially when you suspect a drunk driver was involved. The police will conduct investigations, gather evidence, and document the incident in a police report. This report can be essential in both criminal and civil proceedings.
- Exchange Information: Obtain the other driver’s information, including their full name, driver’s license number, license plate number, and car insurance details. This information is crucial for processing insurance claims and lawsuits.
- Document the Scene: Gather evidence by taking photographs of the accident scene, including all vehicles involved, street signs, traffic signals, and lighting conditions. Collect contact information from any witnesses. Be cautious not to interfere with the police investigation.
- Talk to a Lawyer: Consulting with an experienced attorney is essential, as DUI accidents can be legally complex. A drunk driver accident lawyer can help you understand your rights, assess the compensation you may be entitled to, and guide you through the legal process.
Remember that the aftermath of a drunk driving accident can be emotionally challenging, and having a knowledgeable attorney by your side can alleviate some of the stress and ensure that your interests are protected as you pursue a potential car accident claim or lawsuit.
Call our Beverly Hills Drunk Driver Accident Lawyer Now!
DUI accidents in Beverly Hills, California represent a significant and sobering concern that affects not only the individuals directly involved but also the entire community. These accidents can bring about life-altering consequences, including physical injuries, emotional trauma, and financial burdens, all stemming from the irresponsible actions of impaired drivers.
It is essential to emphasize the importance of taking preventive measures and being prepared if you or someone you know becomes a victim of a DUI accident. This includes knowing the legal regulations surrounding DUI, understanding the immediate steps to take at the scene, and seeking professional legal guidance to navigate the complex aftermath.
At Conlogue Law LLP, we are committed to helping individuals who have suffered due to DUI accidents in Beverly Hills. Our team of drunk driver accident lawyers understand the physical, emotional, and financial toll that these accidents can take, and we are dedicated to helping you pursue the compensation you deserve.
If you or a loved one has been involved in a DUI accident in Beverly Hills, please don’t hesitate to reach out to our personal injury lawyers for a free consultation. We are here to listen to your story, evaluate your case, and provide you with the legal assistance necessary to seek justice and rebuild your life. Your well-being and rights matter to us, and we are ready to stand by your side.
