Have you been injured in a drunk driving car accident? Call Evan, a San Diego Drunk Driving Car Accident Attorney! You’ll work only with Evan. You’ll never be passed off to an associate, paralegal, or secretary.
Here are some helpful things you should know.
What Is A Drunk Driving Accident?
A drunk driving accident is an accident where the intoxicated driver has a BAC over the legal limit of .08%. The driver can then be charged with a DUI. If the intoxicated driver is driving a commercial vehicle, however, the legal limit is .04%. If the driver is under 21, any amount of alcohol detected in the bloodstream means the driver can be charged with a DUI. Note too that a driver doesn’t need to consume alcohol to be charged with a DUI. Illegal drugs or prescription medications can also cause a driver to be impaired.
Here’s Evan’s blog about DUIs: DUIs in Southern CA.
What Damages Are Recoverable For A Drunk Driving Accident?
If you are injured in a drunk driving accident in San Diego County, your San Diego Drunk Driving Lawyer should tell you that you may be able to seek punitive damages against the driver, besides other damages. Read Evan’s blog for more info: Act and Be Damned: The Law on California Punitive Damages. Although the driver’s insurance company will not pay for punitive damages, claiming them can increase the likelihood of a favorable settlement. You also may want to consider IIED. Read Evan’s blog for more info: Exploring the Intense World of IIED.
What Kinds Of Injuries Are Caused By San Diego Drunk Driving Car Crashes?
Unfortunately, lots. Here are some of the most common:
- Head injuries, like traumatic brain injuries (these are serious injuries);
- Spinal cord injuries (serious injuries too);
- Neck injuries;
- Back injuries;
What Damages Are Recoverable In A Drunk Driving Car Crash?
- Past medical expenses or bills;
- Future medical expenses or bills;
- Past lost wages;
- Future lost wages;
- Impairment of earning capacity (e.g., inability to earn as much money as before);
- General damages (e.g., pain, suffering, mental anguish); and
- Punitive damages
Here’s some more info from Evan: Personal Injury Damages Calculator.
California Criminal Restitution And Drunk Driving Accidents
Sometimes criminal charges are brought against the drunk driver. If you’re injured, you may be able to get compensation through the criminal court.
Cal Const Art 1 § 28(b)(13) says that a crime victim is entitled to restitution (e.g., economic losses). See too Cal Penal Code § 1202.4 et seq. This can be a complicated area, so call Evan with has experience in this area.
Who Could Be Responsible For A Drunk Driving Car Crash?
Obviously, the drunk driver. But there could also be other responsible parties. For example:
- Bars, clubs, and restaurants under California’s Dram Shop Law if the driver is a minor; see California Business and Professions Code § 25602.1;
- The owner of the car.
Drunk driving accidents are serious. Every day, about 32 people in the United States die in drunk-driving crashes — that’s one person every 45 minutes. That’s according to the National Highway Traffic Safety Administration.
What Type Of Evidence Is Important In A San Diego Drunk Driving Car Collision?
Generally speaking, this is the type of evidence that’d be important:
- Police report of the collision;
- Arrest records of the drunk driver, including any prior DUI arrest records;
- Pleas and admissions during any criminal court hearing;
- A DUI conviction;
- Photos; and
- Witness statements.
Injured in an accident caused by a drunk driver? Call Evan, a San Diego Drunk Driving Accident Lawyer!
If you have suffered injuries in a drunk driving accident, contact Evan, a La Jolla Personal Injury Lawyer. His office is in La Jolla, and he represents personal injury clients throughout San Diego County.
Call (858) 324-6606 for your free consultation.