Drunk Driving Car Accidents in Los Angeles

If you are involved in a collision with a drunk driver, your injuries are probably severe, and you may be worrying about how you will pay medical and household bills and support your family if you cannot work until you heal.

California has no tolerance for drunk drivers. Even a first-offense misdemeanor could lead to severe consequences. The stance the state takes works in your favor if you are injured in a drunk driving car accident in Los Angeles. Our car accident attorneys explore all avenues to win compensation for you.

California’s DUI Laws

California Vehicle Code § 23152(a)(b) considers drivers drunk if their blood alcohol concentration (BAC) exceeds 0.08 percent. Law enforcement officers in California can arrest drivers with a lower BAC if they believe they are too intoxicated to drive safely. This can negate a defendant’s or insurance company’s argument that the defendant was not drunk when they hit and injured someone because their BAC was not 0.08 percent. Commercial drivers with a CDL license have a lower threshold, and minors will be charged if any amount of alcohol is detected.

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Negligence and Damages Awards

All drivers have a duty to drive safely and not put others at risk of injuries from reckless or careless acts. One duty is to abide by the drunk driving statutes. Alcohol is a known depressant that alters reaction time in the event of an impending crash. If a drunk driver causes an accident, they could be liable for the injured party’s:

Current and future medical care related to the accident
Lost wages
Property damage, particularly to the injured party’s vehicle
Emotional trauma
Psychological trauma for loss of enjoyment of life, consortium, limbs, senses, enjoyment of family, and lifelong suffering for living with disfigurement or disability

Our attorneys believe a drunk driver should pay to put the client in as close a position as possible to their life before the accident. We fight to win that. Life may never be exactly the same, but bad actions should have consequences, and injured parties should be compensated by an insurance settlement or damages awarded in a lawsuit after drunk driving car collisions in Los Angeles.

Negligence Per Se in Drunk Driving Crash Suits

Negligence per se is a doctrine that simplifies the lawsuit process when the responsible party is ticketed or charged with a crime under state law. Negligence suits require attorneys to prove another had a duty to act responsibly, failed in that duty, caused an accident, and someone was injured because of it.

Negligence per se assumes the bad actor was negligent because they broke the law. Under this doctrine, all a person must prove is that they were injured in the process.

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FREQUENTLY ASKED QUESTIONS

WHAT IS A PERSONAL INJURY?

Personal injury cases are some of the most common civil litigation cases—also known as “tort actions” or “lawsuits”—in the United States. They are filed by individuals who have experienced bodily injury, pain and suffering, and sometimes property damage in an accident caused by a negligent third party. These claims can also be filed for intentional harm or defamation of character by a third party.

DO I NEED TO HIRE A PERSONAL INJURY ATTORNEY?

While you are not required to have an attorney to file a claim, having an attorney can make a significant difference in your claim. A personal injury attorney has a deep understanding of the claims process and can help you navigate the complexities of the law. Your attorney can also help you level the playing field with insurers and can tell you whether you are receiving the maximum compensation to which you are legally entitled.

I HAVE BEEN INJURED IN AN ACCIDENT – WHAT DO I DO NEXT?

If you have been injured in an accident that was no fault of your own, there are steps you should take to ensure you are compensated for costs related to the incident. Taking quick action after your accident can profoundly affect your personal injury claim or lawsuit. After being involved in an accident, you should: Seek medical attention for your injuries, even if symptoms are not immediately apparent. Keep a record of your injuries and note any complications that arise because of your injuries. Report the incident as soon as possible after it occurs. Record detailed descriptions and notes about the facts of the incident. Keep receipts of medication and medical care you received Contact an experienced personal injury attorney in Los Angeles who can help you navigate your claim.

WILL MY PERSONAL INJURY CLAIM GO TO TRIAL?

Not all personal injury claims make it to court. In fact, a majority of injury cases are settled without having to litigate. What’s the difference between a settlement and going to trial? What are the pros and cons of each? There are two ways in which compensation can be awarded to you for your claim: through a settlement or by going to trial. There are pros and cons to each. When your claim is settled, the compensation for your claim is decided outside of court, usually through negotiations between lawyers.

HOW LONG DO I HAVE TO FILE A PERSONAL INJURY CLAIM?

In California, you have two years to file a personal injury claim against an individual or non-government entity. If the injury is not immediately known, you have one year from the date the injury is discovered. If you’ve suffered injuries from an accident that was caused by someone else’s negligence, you should act quickly to ensure you are able to recover compensation for your losses.

Notifying Insurance Companies

You should notify your insurance company and the responsible party’s insurance company as soon as possible after your accident. Most insurance companies request that you file your claim within 24 – 48 hours after your accident. When you file a personal injury insurance claim, you are requesting that the at-fault party’s insurance pay for the losses you suffered as a result of your accident, and the compensation amount is determined during negotiations. Seeking Compensation You can get financial compensation in two ways: filing a personal injury insurance claim or filing a personal injury lawsuit. Generally, compensation can be sought for two types of damages: economic and non-economic. Economic damages are those with a measurable monetary value, such as medical expenses and lost wages. On the other hand, non-economic damages refer to losses that cannot be easily quantified, such as pain and suffering or emotional distress. It is important to understand the types of damages available in your case so that you can seek compensation for all of your related losses. Soon after your accident, contact a knowledgeable personal injury attorney in Los Angeles who can explain the time limits to you and help you get the compensation you deserve.

ARE THERE PERSONAL INJURY LAWYERS NEAR ME?

Our firm is located in downtown Los Angeles. We can take all personal injury cases based in California.

Our Attorneys Win Drunk Driving Car Accident Cases in Los Angeles

Our attorneys understand that your biggest responsibility is to your family and ensuring their needs are met and bills are paid. If you are injured in an accident caused by a drunk driver, that responsibility may take a back seat to your recovery, but the bills do not wait for you to get well and go back to work. You need help now.

We will listen to your ordeal and then gather evidence, including police reports, breathalyzer test results, witness statements, and your medical reports, to build a successful case for compensation. We want to win for you after a drunk driving car accident in Los Angeles. Call now to begin your case.