SAN DIEGO DUI ACCIDENT LAWYER
Personal injury attorneys fighting for the rights of victims of drugged or drunk driving accidents
in San Diego, California
Available 24/7. Zero fees until we win.
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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.
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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.
VICTIM OF A DRUNK DRIVING ACCIDENT?
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Who Can Be Held Liable in a Drunk Driving Accident?
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.
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.
WERE YOU OR A LOVED ONE INJURED BY A DRUNK DRIVER?
OUR EXPERIENCED DUI LAWYERS IN SAN DIEGO WILL FIGHT FOR YOU.
NO FEES UNTIL WE WIN. AVAILABLE 24/7.
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.
INJURED BY A DRUNK DRIVER? FILE A CLAIM FOR COMPENSATION.
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Client Testimonials
Spencer Shields2023-11-15I was extremely thrilled with Ramin. His work ethic and professionalism made me feel very comfortable during my case. His punctuation was great and he was personable to talk with. I would highly recommend him as solid representation. Thank you so much 😊
Kayla Neff2023-11-11My experience with RTM LAW was very good! I got into a car accident and sustained bodily injuries, and they were very helpfully and commutative during the entire process. They are very nice people and I would absolutely recommend them to any of my family and friends.
Lester Alvarez2023-10-11I recommend this group
Dreaa xxo2023-10-04I had a great experience working with RTM! Rina my case manager was the best, always worked overtime just to adhere to my needs. I will definitely be recommending them to my friends!
Wendy Diaz2023-08-29Highly recommend. Extremely satisfied with RTM Law and all the staff who helped in this case.
Michelle Manian2023-08-28Ramin is a very kind understanding patient person who helped me with a situation. He gave me some great advice and insight. I found him via Google search, and I would recommend him. If you need legal advice, give him a call.
Jeff Fayngor2023-08-10Amazing law firm. We work with RTM law on multiple cases and can say with certainty they are a solid firm. They always treat our clients right and fight for whats right. They are a no nonsense type of firm. If you need a fighter in your corner call RTM
Ramin Amindari2023-07-11I recently had the pleasure of working with Ramin and RTM LAW for my traffic accident case, and I must say that I am beyond impressed with their exceptional skills, professionalism, and dedication. Their expertise in handling my case was nothing short of remarkable. From the very beginning, they patiently listened to my concerns, thoroughly assessed the details of my case, and provided me with clear and honest guidance throughout the entire process. All my injuries were addressed and taken care of promptly and professionally. They were incredibly responsive addressing all of my questions and concerns. I never felt left in the dark, as they kept me informed about every step and development. Their personalized approach made me feel like more than just a client; Rina was basically my personal assistant and would answer my call or email at anytime of the day when any minor or major question and issue arose. I felt supported and understood throughout the entire process. Ramin and RTM Law are outstanding attorneys who go above and beyond for their clients. Their expertise, professionalism, and dedication make them a true asset. If you find yourself in an auto collision and need a personal injury attorney, I wholeheartedly recommend reaching out to Ramin and RTM Law because they will provide you with the highest level of legal representation, support, and guidance.
Victim of an accident caused by someone else?
San Diego DUI Accident Lawyer: FAQs
What should I do if I’ve been involved in a DUI accident in San Diego?
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.
What damages can I recover in a San Diego DUI accident lawsuit?
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.
Is there a time limit for filing a DUI accident claim in San Diego?
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.
Can I still recover compensation if I was partially at fault for the accident?
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.
What if the DUI driver doesn’t have insurance or sufficient assets to cover my damages?
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.
We Help Accident Victims File a Personal Injury Claim
in San Diego, California
✔ 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
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.
WAITING WILL ONLY HURT YOUR CASE.
NO FEES UNLESS WE WIN. AVAILABLE 24/7.