Being injured in a car accident is already a traumatic experience, but when that accident involves a drunk driver, the physical and emotional toll can be even greater. Not only are you dealing with the pain of your injuries, but also the anger and frustration of knowing that someone else’s reckless actions caused your suffering.
RTM Law‘s team of Los Angeles personal injury lawyers are dedicated to fighting for the rights of DUI accident victims. Our attorneys have a proven track record of success in handling DUI accident cases and have secured millions of dollars in compensation for our clients. We believe in holding drunk drivers accountable for their actions and will aggressively pursue your case to ensure you receive the justice you deserve.
Personal Injury Claim for Victims
of Drunk Drivers in Los Angeles
How does California law define drunk driving and how does filing an injury claim help victims?
In California, it is illegal to operate a motor vehicle with a blood alcohol concentration (BAC) of 0.08% or higher. This includes not only cars, but also motorcycles, boats, and even bicycles. Unfortunately, despite strict laws and penalties in place, drunk driving still occurs far too often.
Section 23152 of the California Vehicle Code also recognizes that a person can still be considered “under the influence” with a lower BAC if their driving is impaired. This means that even if a driver’s BAC is below 0.08%, they may still be charged with a DUI if they are exhibiting signs of impairment.
Filing an injury claim against a drunk driver not only holds them accountable for their actions, but it can also provide financial compensation to help victims recover from their injuries. This can include medical expenses, lost wages, and pain and suffering.
Drunk Driving Accident Statistics in LA
- ✔ In 2019, there were 1,203 alcohol-impaired driving fatalities in California.
- ✔ Los Angeles County had the highest number of these fatalities, with 122 deaths.
- ✔ In 2020, despite a decrease in overall traffic due to the pandemic, LA County had a higher rate of DUI arrests compared to previous years.
These numbers highlight the need for continued education and enforcement when it comes to DUI laws. Driving while drunk or under the influence is not only illegal but also incredibly dangerous for both the driver and others on the road.
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Los Angeles DUI Accidents: Who Are At Fault?
Determining fault in a DUI case is essential for seeking justice and ensuring that responsible parties are held accountable. Whether it’s the intoxicated driver who caused the accident or another party involved, examining the factors that contributed to the incident plays a major role in the legal process. The following parties are the ones typically named at-fault in personal injury cases involving intoxicated drivers.
The Impaired Driver
The primary party at fault in a DUI accident is, without a doubt, the impaired driver themselves. Operating a vehicle under the influence of alcohol or drugs is not only illegal but also poses a severe threat to public safety. These individuals are held accountable for their reckless actions and may face criminal charges, license suspension, fines, and even imprisonment.
Establishments Serving Alcohol
Establishments that serve alcohol can be partially responsible. If these negligently continue to serve alcohol to visibly intoxicated individuals or minors, contributing to their impaired state, they may share liability for any resulting accidents. This concept, known as “dram shop liability,” holds these establishments accountable for their role in facilitating drunk driving incidents.
If a host knowingly serves alcohol to someone who is already visibly intoxicated, or to a minor, and that person subsequently causes an accident while driving under the influence, the social host may share responsibility for the consequences.
In certain situations, vehicle owners can be held liable for DUI accidents if they lend their vehicle to someone they know is intoxicated or likely to drive under the influence. By allowing an impaired individual to use their vehicle, these owners may be considered negligent in their duty to prevent potential harm.
While less common, there are instances where government entities can be held partially responsible for DUI accidents. For example, if inadequate road signage, poorly designed intersections, or malfunctioning traffic lights contribute to a DUI crash, the government agency responsible for maintaining these elements may share liability.
Los Angeles DUI Charges and Penalties: What You Need to Know
DUI offenders in Los Angeles face serious consequences, including fines, jail time, and driver’s license suspension. First time convictions can result in penalties such as a fine of up to $1,000, up to six months in jail, mandatory completion of a DUI education program, and suspension of driver’s license for at least one year.
DUI convictions will remain on a person’s criminal record permanently and may affect their ability to obtain employment, housing, or loans. Repeat offenses will result in harsher penalties.
With that said, if you were injured in a drunk driving accident, know that you have every right to seek compensation for your injuries and damages. It is important to speak with a knowledgeable personal injury attorney who can help you navigate through the legal system and fight for your rights.
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Why Choose RTM Law?
Expertise in Motor Vehicle Accidents
Our highly skilled team excels in handling intricate motor vehicle accident cases. We are dedicated to representing victims exclusively, ensuring that justice is served and rightful compensation is obtained.
We offer tailored representation to each client, taking into account their individual concerns and needs.
Impressive Track Record
RTM Law’s Los Angeles DUI accident attorney has achieved outstanding success, securing millions of dollars in compensation for victims of DUI and drunk driving accidents.
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Recoverable Damages in a Drunk Driving Accident Claim
Damages that can be recovered in a drunk driving accident claim include:
This includes the cost of hospitalization, surgeries, medications, rehabilitation, and any other medical treatment related to your injuries sustained in the accident.
If your vehicle or any other property was damaged as a result of the drunk driving accident, you may be entitled to compensation for the cost of repairs or replacement.
If your injuries have caused you to miss work, you can seek compensation for the wages you have lost. This includes both the income you would have earned during your recovery period and any future earning capacity that has been affected.
Pain and Suffering
You may be eligible to receive compensation for the physical pain, emotional distress, and mental anguish caused by the accident and your resulting injuries.
Loss of Consortium
If your injuries have affected your relationship with your spouse or partner, they may be able to seek compensation for the loss of companionship, affection, and intimacy.
In certain cases, where the actions of the responsible party were particularly reckless or egregious, you may be awarded punitive damages. These damages are meant to punish the defendant and deter others from similar behavior.
Wrongful Death Damages
If a loved one was killed in a drunk driving accident, their surviving family members may be entitled to file a wrongful death claim in Los Angeles. This leads to compensation for funeral expenses, loss of financial support, and the emotional pain and suffering caused by the loss.
VICTIM OF A DRUNK DIVER IN LOS ANGELES?
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Los Angeles DUI Accident Attorney: FAQs
What should I do if I’ve been involved in a DUI accident in LA?
Prioritize your safety and well-being. Seek medical attention immediately and report the incident to the police. It is also advisable to consult with an experienced Los Angeles DUI accident attorney to understand your legal rights and options for seeking compensation.
Can I file a lawsuit against the drunk driver responsible for my injuries?
Yes. A skilled accident lawyer can help you navigate the legal process and build a strong case to hold the drunk driver accountable for their actions. By seeking legal recourse, you may be able to recover compensation for your medical expenses, lost wages, pain and suffering, and other damages.
How long do I have to file a personal injury claim after a California DUI?
The statute of limitations for filing a personal injury claim is generally two years from the time of the accident. Failing to meet the applicable deadline may result in losing your right to seek compensation.
Can I still pursue compensation if I was partially at fault for the DUI crash?
California follows the comparative negligence rule, which means that you may still pursue compensation even if you were partly to blame. However, your awarded damages may be reduced by the percentage of your fault.
What types of damages can I recover in a DUI accident claim?
You may be eligible to recover various types of damages, including medical expenses, lost wages, property damage, pain and suffering, emotional distress, and diminished quality of life. An experienced Los Angeles DUI accident lawyer can help strengthen your claim based on your unique circumstances.
How much does a drunk driving accident lawyer charge in LA?
RTM Law operates on a contingency fee basis, meaning that we only get paid if we win your case. Our attorney fees are a percentage of the total compensation awarded to you, so there are no upfront costs or hidden charges.
Can I still file for a DUI claim if the driver was not charged?
Yes, you can still pursue legal action against the at-fault driver even if they were not charged with a DUI. While criminal charges may strengthen your civil case, they are not necessary for you to seek compensation for damages.
We Help Accident Victims File a Personal Injury Claim
in Los Angeles, California
✔ Beverly Hills
✔ Boyle Heights
✔ Buena Park
✔ Culver City
✔ El Monte
✔ El Segundo
✔ Garden Grove
✔ La Habra
✔ Long Beach
✔ Pico Rivera
✔ Rancho Palos Verdes
✔ Santa Monica
✔ Signal Hill
✔ Skid Row
✔ Temple City
✔ West Covina
✔ West Hollywood
Victim of a Drunk Driver? Call the Los Angeles DUI Lawyers
at RTM Law Firm Today For a Free Consultation.
Drunk driving accident victims often experience physical, emotional, and financial turmoil. At RTM Law Firm, our experienced Los Angeles DUI lawyers understand the complexities of these cases and are dedicated to helping victims get the justice and compensation they deserve.
With years of combined legal experience, our team has successfully represented countless clients in drunk driving accident cases. We have a deep understanding of California’s DUI laws and will use our knowledge to aggressively fight for your rights.
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