Fountain Valley Drunk Driving Accident Lawyer
Drunk Driving Accident Attorney in Fountain Valley, CA
Impaired driving crashes happen every day and can result in catastrophic injuries to innocent victims. They can also lead to increased medical bills and significant emotional trauma. If you were hurt in a collision involving an intoxicated driver, your claim can become more complicated than a standard car accident case. A Fountain Valley drunk driving accident lawyer can assist.
Meet the Team at Bentley & More LLP
We want to know you and your story. Every client who walks through Bentley & More LLP’s doors has an individual set of circumstances that led them to seek legal help. We represent consumers and employees all over California by creating customized legal plans with your specific needs in mind. Although our attorneys are skilled litigators who can advocate for you at trial if necessary, our success is defined by how we impact our clients’ lives for the better.
Drunk Driving Accident Laws in California
On California roadways, drunk driving continues to be one of the top causes of fatalities and severe injuries. Alcohol-related crashes claimed 1,355 lives in 2023, a 4.5% drop from 2022 but a roughly 55% rise from 2014.
Drunk driving accidents are unique because they typically involve both criminal and civil matters. Criminal charges are filed against the impaired driver to determine whether he or she broke the law. For instance, a DUI criminal case may result in fines, license suspension, or jail time. A civil claim, on the other hand, addresses the victim’s losses and injuries. Per California Vehicle Code § 23152, it is illegal to drive under the influence of drugs or alcohol.
Drunk driving accident claims are required to meet legal filing deadlines, just like many personal injury cases. Injured parties typically have two years from the date of the accident to file a claim for damages under California Code of Civil Procedure Section 335.1. However, depending on the circumstances, there may be certain exceptions. There may be different notice procedures and deadlines for claims involving governmental vehicles or other specific circumstances.
Common Causes of Drunk Driving Accidents
Impaired driving significantly degrades a person’s decision-making, reflexes, motor skills, and overall control of a vehicle. As a result, drunk drivers can cause serious collisions due to risky behaviors like:
- Driving with slowed reflexes
- Making poor decisions behind the wheel
- Running stop signs or red lights
- Speeding
- Driving against traffic
- Poor vision and concentration
That is why drunk driving accidents can cause severe injury to other motorists on the road. If a driver under the influence caused your injuries, it’s wise to consult with a Fountain Valley drunk driving accident attorney.
Evidence Used in a Drunk Driving Accident Case
Similar to any personal injury claim, evidence is critical to proving who is liable for the collision. While some victims benefit from waiting for a DUI conviction before filing a claim, others may decide to move forward without one. Common evidence used in these claims includes:
- Police reports
- Arrest records
- Dashcam or other video footage
- Field sobriety tests
- Blood tests
- Pictures of the scene
- Eyewitness statements
In some cases, evidence that the driver was drinking before the crash may become important as well. Working with an experienced attorney can allow you to understand what evidence is available in your case and how it can be used to prove liability.
Injuries Caused by Drunk Driving Accidents
Drunk driving accidents can occur at high speeds and cause devastating injuries to victims. Additionally, drunk drivers may drive erratically or fail to take evasive action to avoid a crash. Due to these factors, impaired driving accidents can lead to the following injuries:
- Traumatic brain injuries
- Spinal cord injuries
- Broken bones
- Damage to internal organs
- Road rash
- Burns
Some victims suffer injuries that leave them permanently disabled and unable to return to work. Emotional trauma, anxiety, depression, and PTSD are also common after a serious accident.
Hire a Drunk Driving Accident Lawyer
Determining liability, damages, and intoxication’s impact on the crash may complicate your claim. It is recommended to hire a drunk driving accident lawyer who can advise you on your legal rights and investigate your case. Most drunk driving accident claims involving Fountain Valley residents are heard by the Orange County Superior Court located at 700 Civic Center Drive West, Santa Ana, CA 92701.
FAQs
What Happens if You Get in an Accident While Drunk in California?
Getting into an accident while driving drunk or while impaired by drugs can result in both criminal charges and civil liability. Criminal charges can lead to fines, loss of license, probation, or jail. Injured victims may also file a personal injury claim against the drunk driver for compensation to cover medical bills, lost wages, pain and suffering, and other losses caused by the accident.
What Is the 10 Day Rule for DUI in California?
In California, the 10-day rule for DUI refers to the fact that a driver has 10 days from the time of his DUI arrest to request a hearing with the Department of Motor Vehicles to contest the suspension of his driving privileges. If he or she does not request a hearing within 10 days, their license is to be automatically suspended. This is a separate proceeding from any criminal charges filed by the courts in connection with the DUI.
Will My Insurance Cover My DUI Accident in California?
Your car insurance might still cover the damages you cause even if you’re driving under the influence. Expect your insurance provider to examine the claim, and check your policy for any specific language concerning DUI accidents. Either way, expect your insurance rates to go up if you file a claim after a DUI. You may even face policy cancellation and difficulty finding insurance coverage in the future.
What Is the Penalty for DUI With Injury in California?
A DUI with injury is taken more seriously than a normal DUI conviction. Offenders can face thousands of dollars in fines, loss of license, probation, DUI school, and jail or prison time. Penalties vary based on the specific facts of the DUI accident and whether the offender has prior DUI convictions.
Protect Your Rights Today
A drunk driving accident is a serious matter. At Bentley & More LLP, we can advocate for your rights and future. Contact us today to speak with a representative.
Client Testimonials
“I can’t thank Bentley & More enough, especially Steve. After my dad’s passing in a car accident, they secured a settlement we are so grateful for. From the start, they made sure we were taken care of, handling everything so we didn’t have to worry. Steve went above and beyond, always there when we needed support, and it was such a relief knowing we were in good hands. If you’re looking for a firm that truly cares, Bentley & More is the one. Highly recommend them!” – Kevin Jimenez ⭐⭐⭐⭐⭐
Bentley & More LLP Office
Address: 4931 Birch Street Newport Beach, CA 92660
Phone: (949) 870-3800
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