DUI & Drunk Driving Accident Lawyer

Between 2019 and 2021, drunk driving accidents and DUI convictions saw a slight decline. This reduction coincided with the COVID-19 pandemic when many businesses, schools, and workplaces were closed or operating remotely. However, as these places have reopened, the rate of drunk driving accidents is climbing again, along with the number of DUI convictions.

Alcohol-Impaired Fatalities in California and Nevada

California is responsible for nearly 10% of all alcohol-impaired fatalities in the U.S. Notably, about 88% of these deaths involve drunk drivers under 21 years old. Nevada also shows alarming figures, accounting for almost 9% of the nation’s alcohol-related traffic fatalities. In Nevada, approximately 38% of DUI-related deaths involve drivers under the age of 21.

Why Are These Numbers Increasing?

Experts warn that these statistics are expected to rise every year if no effective preventive measures are implemented. The combination of increased social activity post-pandemic and risky behavior among younger drivers fuels this upward trend.

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Q&A: Understanding Drunk Driving Trends

Q: Why did drunk driving accidents decrease during 2019-2021?
A: The decline mainly occurred due to COVID-19 restrictions that limited social gatherings and travel.

Q: Why are younger drivers under 21 so involved in alcohol-impaired fatalities?
A: Younger drivers often have less driving experience and may underestimate the risks of drunk driving, leading to a higher accident rate.

If you or someone you know has been injured in a car accident caused by a drunk driver, you need experienced legal support. Our skilled drunk driving car accident lawyers have been representing victims for decades, fighting to hold negligent drivers accountable.

We handle every case to secure the best possible outcome, whether through negotiated settlements or courtroom trials. Our team understands that every drunk driving accident is unique. That’s why we take the time to gather detailed information about your incident to build a strong, personalized case strategy.

Contact us today to discuss your car accident experience. The more details you share, the better we can tailor our approach and maximize your chances of compensation.

Understanding Your Legal Rights After a Drunk Driving Accident

When a drunk driver causes an accident, they often face criminal charges brought by government authorities like the police or the district attorney. These criminal charges aim to punish the offender on behalf of the state.

However, as a victim, you have a separate right to pursue a personal injury lawsuit against the drunk driver. This civil lawsuit is different from the criminal case because it focuses on recovering compensation for your injuries, damages, and losses.

If the drunk driver has been arrested or convicted of driving under the influence (DUI) of alcohol or drugs, this strengthens your position to file a civil lawsuit against them. Your case will seek to hold the responsible party accountable financially, independent of the government’s criminal case.

Can You File a Lawsuit Against a Drunk Driver Without an Arrest or Conviction?

Yes, you can file a personal injury lawsuit against a drunk driver even if they haven’t been arrested or convicted. Criminal charges are separate from civil claims, so the absence of an arrest doesn’t stop you from pursuing financial compensation for damages caused by the driver.

What Challenges Will You Face?

Proving your case becomes harder without a criminal record related to the accident. You’ll need solid evidence to show the driver was intoxicated and responsible for the crash. Key evidence can include:

• Witness statements from people who saw the driver’s behavior or the accident
• Police reports documenting the scene and any observations made
• Medical records confirming injuries consistent with a DUI crash
• Any other relevant proof, like dashcam footage or toxicology reports

Why Is Evidence Important in These Cases?

Without an arrest or DUI conviction, the court relies heavily on the evidence you present to establish liability. The stronger and more credible your proof, the better your chances of winning your case and getting fair compensation.

Who Can Be Held Responsible in a Drunk Driving Accident in California?

Drunk driving accidents don’t always have just one responsible party. While the drunk driver is typically at fault, other individuals or entities may also share liability. Understanding who can be held accountable is essential if you want to pursue compensation after an accident.

If you’ve been involved in a drunk driving accident in California, it’s important to know that responsibility can extend beyond the driver. Here are some parties that might be held liable:

1. Employers

If the drunk driver was on the clock at the time of the accident, their employer might be responsible. For instance, if an Uber driver or delivery driver was intoxicated during a shift, you might have grounds to file a lawsuit against the employer or the company they work for.

2. Restaurants and Bars

Businesses that serve alcohol can be held accountable if they serve drinks to a customer who is intoxicated. California law can hold bars and restaurants liable for contributing to drunk driving accidents by overserving patrons.

3. Social Hosts

If the drunk driver consumed alcohol at a private party or someone’s home, the host who served them may share responsibility, especially if the guest was visibly intoxicated.

4. Vehicle Owners

If someone lent their vehicle to a person who was intoxicated, they could be held liable for negligent entrustment. This means the owner should not have allowed an impaired person to drive their car.

5. Vehicle Manufacturers

In rare cases, a defect in the vehicle could contribute to a crash, even if the driver was drunk. If this applies, you might have a product liability claim against the manufacturer.

6. Other Passengers

Passengers who knowingly allowed the drunk driver to operate the vehicle may also share responsibility for the accident.

7. Government Entities

If the drunk driver was employed by a government agency or the accident was caused partly by poor road maintenance, the government entity could be held liable.

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Q&A: Common Questions About Drunk Driving Accident Liability

Q: Can a bar be sued if it served alcohol to a drunk driver?
A: Yes. California’s dram shop laws hold bars and restaurants liable if they serve alcohol to someone visibly intoxicated who then causes an accident.

Q: What is negligent entrustment?
A: It’s when a vehicle owner allows someone they know (or should know) is intoxicated to use their car, making them partly responsible for any accident that results.

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Why Identifying Responsible Parties in a Drunk Driving Accident Matters

Determining liability in a drunk driving accident is often more complex than it seems. While the impaired driver is typically the primary party at fault, other individuals or entities may share responsibility. Identifying all liable parties can significantly improve your chances of receiving full compensation for your damages.

For example, sometimes a bar, a social host, or even a vehicle manufacturer might be held accountable under certain circumstances. Understanding who else could be liable ensures you don’t miss out on potential compensation.

Because of these complexities, consulting an experienced lawyer is essential. A qualified attorney can help you navigate the legal process, identify all responsible parties, and protect your rights throughout the claim.

What kind of injuries result from a drunk driving accident in California?

Drunk driving accidents usually involve severe injuries, for example:

• Traumatic Brain Injuries
• Broken Bones
• Paralysis
• Spinal Cord Injuries
• Blindness
• Lacerations
• Road Rash
• Soft Tissue Injuries
• Internal Bleeding
• Pain And Suffering
• Emotional Distress

Drunk Driving Wrongful Death Attorney: Protect Your Rights After a Tragedy

Losing a loved one due to a drunk driver is devastating. If this has happened to you, you have the legal right to file a wrongful death claim. This type of lawsuit lets you seek compensation not only on behalf of the deceased family member but also for yourself and your immediate family.

A wrongful death suit can help cover expenses such as funeral costs, lost income, and emotional suffering caused by the loss. It holds the responsible drunk driver accountable and may help prevent future tragedies.

If you need guidance on proceeding, contact us today for a free consultation. We’ll explain your options and help you understand what to expect from the legal process.

How to Recover Compensation After a Drunk Driving Accident in California

If you’ve been injured in a drunk driving accident in California, you may be entitled to compensation. This compensation can come from the drunk driver or other responsible parties involved in the crash.

Types of Compensation You Can Recover

• Medical Expenses: Compensation covers current and future medical bills related to treating your injuries caused by the accident.
• Property Damage: Drunk driving accidents often cause severe damage to vehicles, which may require costly repairs or total replacement.
• Lost Wages: If your injuries prevent you from working, you can claim compensation for wages lost both in the past and projected future income.
• Pain and Suffering: You can also seek damages for emotional distress and physical pain resulting from the accident.

Do You Need to Be in a Car to File a Claim?

No. You don’t have to be driving a car to file a claim after a drunk driving accident. Our attorneys have helped clients who were:

• Riding motorcycles or bicycles
• Driving trucks or vans
• Involved in crashes caused by drunk drivers in various types of vehicles

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Frequently Asked Questions (FAQs)

Q: Can I recover compensation if I was a passenger or pedestrian in a drunk driving accident?
A: Yes, compensation claims can extend to passengers, pedestrians, or anyone injured due to a drunk driver’s negligence.

Q: What if the drunk driver doesn’t have insurance?
A: You may still recover compensation through uninsured motorist coverage or by pursuing claims against other liable parties.

Q: How long do I have to file a drunk driving accident claim in California?
A: The statute of limitations is generally two years from the date of the accident, but it’s best to act quickly.