SAN DIEGO DUI
ACCIDENT LAWYER
Personal injury attorneys fighting for the rights of victims of drugged or drunk driving accidents in San Diego, California.
Zero Fees Unless We Win
Looking for justice after a DUI accident in San Diego? Our experienced team at RTM Law Firm is here to help. With a track record of securing millions in verdicts and settlements for victims of negligence, we fight for the compensation you deserve.
Driving under the influence isn’t just reckless – it’s illegal and can have devastating consequences. From property damage to injuries and loss of life, the impact can be severe.
When intoxicated drivers choose to get behind the wheel, they endanger themselves, passengers, and everyone on the road. While criminal courts may impose penalties, they often fail to address the needs of victims and their families.
That’s where we come in. Our San Diego DUI accident lawyers are dedicated to representing victims and families affected by drunk or drugged driving accidents. Don’t wait to seek justice – contact our DUI car accident attorneys for a free consultation.
DUI Accident and Injury Laws in San Diego
In San Diego, it’s against the law to drive while under the influence of alcohol or drugs. California Vehicle Code Section 23152 (a) clearly states that operating a vehicle while impaired by alcohol, drugs, or a combination of both is unlawful.
The law sets specific limits for blood alcohol concentration (BAC) levels. For most drivers, the legal limit is 0.08 percent.
However, for commercial vehicle drivers, including big-rig operators, the limit is lower at 0.04 percent. Anyone under the age of 21 is prohibited from driving with any measurable amount of alcohol in their system under California Vehicle Code Section 23136.
These BAC levels indicate the amount of alcohol present in a driver’s bloodstream, determined through chemical tests of blood, breath, or urine. These tests can be conducted roadside or at a police station.
If a driver’s actions while under the influence result in the death of another person, they may face vehicular manslaughter charges under California Penal Code Section 191.5 (a). Loved ones of the deceased may also file a personal injury claim for wrongful death.
Who Can Be Held Responsible for DUI Accidents?
Multiple parties may be held liable in a drunk driving accident, depending on the circumstances surrounding the incident. Here are some potential liable parties:
The Drunk Driver
The primary party responsible for the accident is typically the intoxicated driver. Driving under the influence of alcohol or drugs is illegal and constitutes negligence. The drunk driver can be held liable for any injuries, property damage, or fatalities resulting from the accident.
Establishments Serving Alcohol
In some cases, the establishment that served alcohol to the intoxicated driver may also be held partially liable. California’s dram shop laws allow for liability against bars, restaurants, or other establishments that serve alcohol if they knowingly serve an already visibly intoxicated person who later causes harm due to their intoxication.
Social Hosts
Similarly, social hosts who provide alcohol to guests at a private gathering may be held liable if they knowingly serve alcohol to someone who is visibly intoxicated and later causes an accident.
Vehicle Owners
If the drunk driver was operating a vehicle owned by someone else, such as a rental car or borrowed vehicle, the owner of the vehicle may also face liability under certain circumstances, such as if they entrusted the vehicle to someone they knew was intoxicated.
Determining liability in a drunk driving accident can be complex and may require a thorough investigation into the circumstances of the incident. Consulting with an experienced personal injury attorney in San Diego can help victims understand their legal rights and options for pursuing compensation.
Victim of a drunk driver in San Diego?
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Why Work With RTM Law's DUI Lawyers in San Diego?
Expertise in California DUI Laws
RTM Law Firm has extensive experience handling DUI injury cases from all over the Golden State. Our law office is equipped with knowledgeable attorneys who understand the intricacies of these cases and are dedicated to fighting for the rights of victims.
Client-First Approach
Our drunk driving accident lawyers are committed to putting our clients’ needs first. We prioritize clear communication, personalized attention, and aggressive representation to ensure our clients receive the compensation they deserve.
Millions Recovered for Victims
We have successfully recovered millions of dollars in compensation for accident victims, providing them with the financial support they need to rebuild their lives.
Hurt by a drunk driver in San Diego, CA?
We can help you file a claim.
No fees until we win. Available 24/7.
Victim of a drunk driver in San Diego?
Let us fight for you!
Free consultation. No fees until we win.
Personal Injury Options for Drunk Driving Accident Victims: Civil Case vs. Criminal Case
When victims are injured in drunk driving accidents, they have two main legal options: pursuing a civil case or a criminal case.
Civil DUI Case
- Objective: Seek financial compensation for damages.
- Burden of Proof: Lower than in a criminal case; must show negligence.
- Legal Process: Through negotiation or litigation in civil court.
- Defendant’s Liability: Driver and possibly others, like alcohol-serving establishments.
Criminal Case
- Objective: Hold the driver criminally accountable for DUI or DWI.
- Burden of Proof: Higher than in a civil case; prosecution must prove guilt beyond a reasonable doubt.
- Legal Process: Prosecuted by the state or local DA’s office.
- Victim’s Role: Often serves as a witness, but doesn’t control the outcome.
Many victims pursue both civil and criminal cases to seek justice and full compensation. Consulting with a personal injury attorney can help navigate these options effectively.
Proving Negligence in a DUI Accident Case
Evidence used to establish negligence in a DUI accident may include:
- Police Reports: Documentation of the driver’s impairment, arrest, and statements made at the scene.
- Blood Alcohol Content (BAC) Test Results: Demonstrating the driver’s level of intoxication.
- Witness Testimony: Accounts from individuals who observed the driver’s behavior before or after the accident.
- Accident Reconstruction: Analysis of the crash scene, vehicle damage, and other factors to determine fault.
- Prior DUI Convictions: Past history of drunk driving offenses indicating a pattern of reckless behavior.
- Video Footage: Surveillance footage, dashcam recordings, or cell phone videos capturing the events leading up to the accident.
- Expert Testimony: Insights from medical professionals, accident reconstructionists, or forensic specialists.
- Driving Records: Documentation of the driver’s past driving violations or license suspensions related to alcohol use.
- Field Sobriety Tests: Results of roadside tests administered by law enforcement officers to assess impairment.
- Statements or Admissions: Any statements made by the driver admitting to drinking or feeling intoxicated.
Gathering and presenting this evidence is crucial in proving negligence and securing compensation for victims of DUI accidents. This is why working with an experienced San Diego DUI accident attorney is a must.
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San Diego DUI Accident Lawyer: FAQs
Seek medical attention immediately and ensure your safety. Report the accident to the police, gather evidence, and contact a San Diego DUI accident attorney for legal guidance.
Victims can potentially recover various types of damages. These may include economic damages like medical expenses, rehabilitation costs, lost wages, and property damage repair or replacement. Non-economic damages, such as pain and suffering, emotional distress, and loss of enjoyment of life, may also be pursued. In cases of extreme recklessness, punitive damages may be awarded to punish the intoxicated driver and deter similar conduct in the future.
In California, the statute of limitations for filing a personal injury claim after a DUI accident is generally two years from the date of the incident. You must initiate legal action within this timeframe, as failing to do so could result in the forfeiture of your right to seek compensation.
California follows a comparative negligence system, meaning you can still recover compensation even if you bear some responsibility for the accident. However, your total damages will be reduced by your percentage of fault. For example, if you are found to be 20% at fault for the accident and awarded $100,000 in damages, your final recovery would be reduced to $80,000.
In such cases, victims may still pursue compensation through their own uninsured/underinsured motorist coverage if they have it. Consulting with a skilled San Diego DUI accident attorney can help explore all available legal options and avenues for recovery.
Need an Attorney after a San Diego Drunk Driving Accident? Our Personal Injury Lawyers Help Victims Get Medical Care and Compensation. Call Us for a Free Consultation.
People who recklessly drink and drive should be held accountable for their negligence. RTM Law Firm’s mission is to help victims get the best medical care and financial payout for their injuries and losses.
Our accident and injury lawyers in San Diego County are ready to fight for DUI victims, so you can focus on your healing and recovery.
Call our vehicle accident lawyer at (858) 330-3314. No fees until we win.
Hurt by a drunk driver in San Diego?
We can help you file a claim.
Free consultation. No fees until we win.
Millions of Dollars Recovered for Accident Victims
Our California personal injury law firm has consistently obtained maximum outcomes and recovered millions for our clients
RTM WINS
$5,000,000
Global Settlement
Trucking Accident
RTM WINS
$2,000,000
Wrongful Death
Auto Collision
RTM WINS
$1,000,000
Global Settlement
Auto v. Truck
RTM WINS
$900,000
Car Accident
Auto v. Auto
RTM WINS
$485,000
Rear End Auto Collision
Involving Mild Brain Injury
RTM WINS
$425,000
Motorcycle Accident
Motorcycle Collision
RTM WINS
$425,000
Trip and Fall
Incident at Apartment
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We Help Accident Victims File
a Personal Injury Claim in San Diego, California
Our San Diego personal injury attorneys handle a wide range of personal injury claims
in several areas, including:
- Altadena
- Balboa Park
- Bankers Hill
- Barrio Logan
- Broadway
- Burlingame
- Cherokee Point
- Chollas View
- Chula Vista
- Mission Valley
- North Park
- Normal Heights
- Oceanside
- Coronado
- Corridor
- Cortez Hill
- Downtown San Diego
- East Village
- Embarcadero
- Encinitas
- Gaslamp Quarter
- Grant Hill
- Pacific Highway
- Poway
- Shelltown
- Sherman Heights
- Harborview
- Hillcrest
- Lemon Grove
- Little Italy
- Logan Heights
- Marina
- Marston Hills
- Middletown
- Mission Hills
- Southcrest
- South Park
- Stockton
- University Heights
Our Location
RTM Law, APC Personal Injury Attorney
San Diego, CA 92108
(858) 330-3314
