On average, more than a thousand people die every year on California’s roads because of drunk driving. For each of those deaths, thousands more suffer injuries at the hands of drunk drivers.
If you’ve been injured by a drunk driver, the California drunk driving accident lawyers at Berg Injury Lawyers are here to help. We’ve been representing injured people across Northern California since 1981, and we are committed to fighting for the compensation you deserve.
Contact us today for a free consultation.
Drunk Driving Laws in California
California has strict laws designed to deter drivers from getting behind the wheel while impaired by alcohol or drugs. These laws not only aim to reduce the number of drunk driving accidents but also impose severe consequences on those who violate them.
Overview of DUI Laws and Blood Alcohol Content (BAC) Limits
California law makes it illegal for drivers to operate a vehicle under the influence of alcohol or drugs. The legal blood alcohol content (BAC) limit for most drivers over the age of 21 is 0.08%. However, stricter limits apply for certain groups:
- 0.01% BAC for drivers under the age of 21 and those on DUI probation
- 0.04% BAC for commercial drivers and rideshare operators, such as Uber and Lyft drivers
Even if your BAC is below the legal limit, you can still be arrested for DUI if law enforcement determines that alcohol or drugs impair your ability to drive safely.
Penalties for DUI and Impact on Accident Claims
Penalties for DUI in California are severe and escalate with repeat offenses or if the DUI results in injuries or fatalities. First-time offenders may face fines, license suspension, and mandatory attendance in a DUI education program. Repeat offenders or those who cause accidents may face:
- Jail time of up to six months or longer for repeat offenses or serious accidents
- Fines and legal fees, which can be substantial
- License suspension or revocation for an extended period
- Requirement to install an ignition interlock device (IID) on their vehicle
In the context of personal injury claims, if a drunk driver causes an accident, the DUI conviction can be a critical factor in proving negligence. The DUI offense strengthens the injured party’s case when seeking compensation for medical bills, lost wages, and pain and suffering.
Rights of Injured Persons in Drunk Driving Cases
In California, if you are injured by a drunk driver, you have the legal right to pursue compensation for your injuries and damages. This includes:
- Medical Expenses: Compensation for hospital stays, surgeries, physical therapy, and ongoing medical care
- Lost Wages: Compensation for lost income if your injuries prevent you from working or reduce your future earning potential
- Pain and Suffering: Factoring emotional distress, trauma, and reduced quality of life into your claim
In cases where the drunk driver caused serious injuries or fatalities, punitive damages may be pursued to further punish the driver for reckless behavior and deter future incidents. Having experienced legal representation is vital to navigating the complexities of drunk driving accident claims and ensuring you receive full compensation for your injuries.
Common Injuries in Drunk Driving Accidents
Accidents involving drunk drivers often result in severe injuries due to the impaired driver’s delayed reaction time and reduced ability to make safe decisions. Below are some of the most severe injuries sustained in these accidents:
Traumatic Brain Injuries (TBI)
- TBIs occur when a sudden impact or jolt to the head disrupts normal brain function.
- Symptoms can range from mild concussions to severe brain damage, leading to cognitive impairments, memory loss, and difficulty with motor skills.
- Sufferers may require long-term rehabilitation, impacting their ability to work and maintain daily activities.
Spinal Cord Injuries and Paralysis
- Damage to the spinal cord can result in partial or complete paralysis, affecting mobility and independence.
- Injuries such as herniated discs, fractured vertebrae, or spinal cord compression can cause chronic pain and limited movement.
- In severe cases, paraplegia or quadriplegia can occur, requiring lifelong care and assistive devices.
Internal Injuries and Organ Damage
- The force of a collision can cause serious internal injuries, such as ruptured organs, internal bleeding, or damage to the liver, spleen, and lungs.
- These injuries often require emergency surgery and extensive medical care.
- Without timely treatment, internal injuries can lead to life-threatening complications.
Emotional Trauma and PTSD
- Surviving a drunk driving accident can leave lasting emotional scars, including post-traumatic stress disorder (PTSD).
- Symptoms of PTSD may include flashbacks, anxiety, insomnia, and difficulty driving or riding in vehicles.
- Sufferers often need counseling or therapy to cope with the psychological impact of the accident.
These injuries not only cause immediate physical harm but also lead to long-term medical, emotional, and financial challenges. Even less severe injuries like broken bones and soft-tissue damage can lead to serious obstacles.
Proving Liability in Drunk Driving Accidents
Establishing liability is an important step in seeking compensation after a drunk driving accident. Demonstrating that the at-fault driver was intoxicated and responsible for the crash requires compelling evidence and a strategic approach. Here are some key elements involved in proving liability:
Evidence Like Police Reports and Breathalyzer Results
- Police Reports: Law enforcement officers respond to most drunk driving accidents, creating detailed reports that include observations of the driver’s behavior, field sobriety tests, and any citations or arrests made at the scene. These reports are essential evidence in establishing fault.
- Breathalyzer and Blood Test Results: If the driver was given a breathalyzer or blood test at the scene or shortly afterward, the results provide hard proof of intoxication. In California, a blood alcohol content (BAC) of 0.08% or higher typically leads to DUI charges, which strengthens your injury claim.
- Dashcam or Bodycam Footage: Some police departments use cameras that capture interactions with drivers. This footage can further confirm the driver’s intoxication and erratic behavior.
Role of Witness Statements and Accident Reconstruction
- Witness Testimony: Eyewitnesses, including passengers, pedestrians, or other drivers, can provide valuable information about the events leading up to the crash. Statements confirming that the at-fault driver was swerving, speeding, or behaving recklessly bolster your case.
- Accident Reconstruction Experts: When the circumstances of the crash are complex, lawyers may hire accident reconstruction experts. These professionals analyze skid marks, vehicle damage, road conditions, and other physical evidence to recreate the events of the accident. Their findings can confirm that the drunk driver was responsible.
- Surveillance or Traffic Camera Footage: Video footage from nearby surveillance cameras or traffic lights can also serve as evidence, showing the driver’s behavior and actions before the crash.
How a Lawyer Can Help Build a Strong Case for Compensation
- Collecting and Preserving Evidence: Attorneys know where to look for the most critical evidence and ensure it is preserved properly. They will gather police reports, medical records, witness statements, and any video footage to strengthen your claim.
- Handling Communication with Insurance Companies: Insurance adjusters may attempt to minimize payouts or deny claims. A skilled attorney negotiates on your behalf, using the evidence collected to argue for full compensation.
- Filing a Civil Lawsuit: If negotiations with the insurance company fail, your lawyer can file a lawsuit and represent you in court. They can use expert witnesses, accident reconstruction, and solid evidence to establish liability and fight for maximum compensation.
Who Is Responsible for Drunk Driving Accidents?
A number of parties may be held responsible for drunk driving accidents, including:
- Drivers: Drunk drivers are responsible for their own behavior, including choosing to drive their vehicles after consuming alcohol.
- Hosts: People who host parties where alcohol is served can be held liable in the event a guest causes a drunk driving accident, especially if the host was known to provide alcohol to the guest after he or she was clearly inebriated.
- Bar/Restaurant Staff and Owners: Bar and restaurant owners and employees can also be held responsible for drunk driving accidents. It is their responsibility to stop serving patrons that appear to be intoxicated.
Proving liability in drunk driving accidents can be challenging, especially when insurance companies dispute the extent of the driver’s intoxication or negligence. Having an experienced lawyer on your side ensures that your case is built on a solid foundation of evidence, giving you the best chance to secure the compensation you deserve.
Why Choose Berg Injury Lawyers for Your Drunk Driving Accident Case?
When you’ve been injured in a drunk driving accident, choosing the right legal team is critical to securing the compensation you deserve. At Berg Injury Lawyers, we bring extensive experience, dedication, and a history of success to every case we handle. Here’s why we are the right choice to represent you:
Experience with High-Stakes Drunk Driving Cases
Berg Injury Lawyers has years of experience handling complex drunk driving cases throughout Northern California. We understand the intricacies of DUI laws and know how to build compelling cases that hold intoxicated drivers accountable. Whether negotiating with insurance companies or taking cases to court, we are relentless in pursuing justice for injured individuals. Our team is skilled at gathering critical evidence such as police reports, BAC results, and witness testimony to strengthen your claim.
Dedicated Team Focused on Securing Justice for Survivors
We are committed to supporting our clients at every step of the legal process. We understand the physical, emotional, and financial toll that drunk driving accidents can have on injured individuals and their families. At Berg Injury Lawyers, we take a compassionate approach to client care, ensuring you feel heard and supported as we fight for the justice you deserve. From the moment you contact us, our team works tirelessly to handle all the legal complexities, so you can focus on healing and recovery.
Strong Track Record of Successful Verdicts and Settlements
Berg Injury Lawyers has built a reputation for achieving outstanding results in personal injury cases, including those involving drunk drivers. Our success is reflected in the favorable verdicts and settlements we have secured for clients, helping them recover compensation for medical bills, lost wages, pain and suffering, and other damages. We are relentless in our pursuit of justice and won’t hesitate to take cases to trial when necessary to achieve the best possible outcome.
California Drunk Driving Civil Lawsuits
In addition to pressing criminal charges, the victims of drunk driving accidents and their families have the right to pursue claims in civil court to recover monetary damages. If a drunk driver is arrested for, or convicted of, DUI or DWI in California, you have the right to file a civil claim immediately.
You do not have to wait for the criminal trial to conclude before you pursue civil legal action. The procedures and verdicts in your civil case will be separate from the criminal case. While a conviction in criminal court may help your civil case, the drunk driver does not have to be convicted in criminal court for you to file a civil claim.
The level of proof required to win a civil claim is lower than the level required to obtain a conviction in criminal court. There may be many reasons why a drunk driver is not convicted in criminal court that do not apply to civil cases, so even if the drunk driver is not convicted, you may still seek compensation through a civil claim.
Contact Our California Drunk Driving Accident Lawyers Today
At Berg Injury Lawyers, we believe that no one should suffer because of someone else’s reckless decision to drink and drive. We take pride in standing up for those affected by drunk driving accidents and helping them rebuild their lives.
You might be worried about hiring an attorney because of the potential cost, but at Berg Injury Lawyers, if you don’t win, you pay nothing. There’s also no cost or obligation to hire simply to speak to one of our lawyers. We call that our No Fee Guarantee®.
Contact us today for a free consultation, and let us fight for the compensation you deserve.
