Fresno DUI Accident Victim Attorneys
We’ll tell you if you have a case or not, call (888) 488-1391 — We’re here 24 hours a day.
Our Fresno DUI Accident Victim Attorneys Are Committed To Injury Victims Across California
DUI accidents in Fresno can potentially result in catastrophic injuries and damages for their victims. If you were recently injured in such an incident, you can reach out to our Fresno DUI accident victim attorneys for help. Call Arash Law at (888) 488-1391 for a no-cost, initial case evaluation.
Fresno is the fifth most populous city in the state. That makes for more vehicles on the road, which means traffic accidents, including DUI crashes, are far more likely. If you are a drunk driving accident victim, consider consulting our Fresno DUI accident victim attorneys from Arash Law.
Consuming alcohol can impact a person’s cognitive and physical abilities, which can lead to accidents and catastrophic injuries. That means these collisions are preventable.
If you don’t know what to do after a drunk driver injures you, our lawyers can help you decide on your next course of action. As a drunk driving accident victim, you have legal options available to you. Get the assistance you need by scheduling a free initial consultation.
Morales v. Construction Group Staffing (settled on 7/23/2020) – settlement involving a client who was catastrophically injured when he fell from a height of 4 stories down a shaft. This is a record breaking California Workers’ Compensation settlement. Read more about this case on Yahoo! Finance News– TINA ESHGHIEH
The Dangers Of Drinking And Driving
Drunk driving has many names, including driving under the influence (DUI) and driving while intoxicated (DWI). These two distinct legal charges can impact a driver’s freedom. Sometimes, the terms are interchangeable. Other times, different jurisdictions will use a specific term. Ultimately, no matter what you call it, it involves driving a motor vehicle with a blood alcohol content (BAC) over the legal limit.
If you or a loved one suffers an injury from a drunk driving incident, you might be entitled to seek compensation for your medical bills, pain, suffering, and other losses that directly result from it. Drunk driving accidents will likely cause severe harm or fatality to drivers, passengers, and pedestrians.
Drunk drivers can face criminal and civil consequences for their actions. The consequences they suffer can depend on the accident’s severity. Fresno DUI accident victim lawyers can clarify the difference between these consequences and discuss the legal actions that may be available to you.
Statistics from the National Highway Traffic Safety Administration (NHTSA) show the high incident rate of drunk driving accidents. Specific statistics include:
- 1,029 fatal collisions in California were attributed to drivers having a blood alcohol content of 0.08 percent or higher.
- 170 people died in accidents where drivers had a BAC between 0.01 percent and 0.07 percent.
The aftermath of a Fresno DUI accident can be challenging to deal with. Whether you are the victim or the loved one of the deceased, you can speak to Arash Law. Discussing your case with our Fresno DUI accident victim attorneys can help you get started.
Fresno DUI Statistics
Nearly 40 people die daily nationwide from drunk driving accidents, or at least one person every hour. In 2021, almost 13,400 people died because of a DUI crash. Approximately 29 percent of traffic deaths involve drunk driving. California drivers contribute to these statistics. In the latest reporting year, state statistics show:
- Almost 9,300 alcohol-impaired driving deaths occurred between 2009 to 2018, according to the Centers for Disease Control and Prevention (CDC).
- Thirty percent of all traffic fatalities were related to alcohol impairment.
- California ranks first nationwide for DUI fatalities, as reported by American Addiction Centers.
- Most accidents involving severe injuries and death occurred in central and southern California.
- In 2022, Fresno recorded 18 fatalities, 147 DUI accidents, and 1,016 DUI arrests.
What Does Driving Under The Influence Mean?
California has various laws regarding driving under the influence:
- The state can charge a person with DUI when their BAC exceeds the legal limit of 0.08 percent.
- Commercial vehicle drivers cannot have a BAC of 0.04 percent or higher.
- Any driver under the age of 21 cannot consume alcohol. There is a zero-tolerance policy for these individuals.
Those harmed by a drunk driver may have grounds to pursue compensation. If you were injured after a DUI accident, consult our Fresno DUI accident victim lawyers for guidance.
Who Is Responsible For A DUI Accident In Fresno?
You might assume that a drunk driver can be the only person responsible for the collision. The truth is that multiple parties can be liable for a Fresno DUI accident. They may include:
- Drivers — Drivers are accountable for their behavior when they get behind the wheel after drinking. They are also responsible for any harm they cause others.
- Employers — If a DUI accident occurs during the scope of an employee’s employment tasks, their employer can be held responsible.
Speak to Arash Law’s Fresno DUI accident victim lawyers for assistance in identifying all the potentially responsible parties in your DUI crash.
Dram Shop Liability And DUIs
Every state has laws regarding alcohol and driving. Most states will hold the drunk driver responsible, but can seek legal action against other parties. Some laws work to hold liquor stores, bartenders, and social hosts accountable for letting people drink past their limits. Dram shop law applies when a person drinks and gets behind the wheel and causes an accident, injuring someone.
California has laws that are slightly different than those in other states. Civil Code handles DUI incidents as follows:
- According to California courts, everyone is responsible for their actions, including alcohol consumption. The courts have found that alcohol is a direct cause of injuries by the impaired person. Selling or providing alcohol is not the cause of collisions. Therefore, under this premise, social hosts, bartenders, and liquor stores will not be held legally liable for the drunk driver’s actions. These entities will not pay for damages a victim suffers from another individual’s alcohol consumption.
- An exception takes place if an adult knowingly provides alcohol to minors on their property. The adult providing the liquor is responsible for the underage person’s actions resulting from consuming alcohol.
- Another exception to this rule is when a business serves or provides alcohol to an obviously intoxicated minor. The business may face legal consequences when such an action happens. However, apparent intoxication will come down to whether a reasonable person can identify that the minor was intoxicated.
Generally speaking, California does not operate under dram shop laws. Therefore, restaurants, bars, and other establishments are not liable for the actions of a drunk driver. There are some exceptions to this rule. The experienced Fresno DUI accident victim attorneys at Arash Law can tell you more about how these exceptions may apply to your claim.
Differences Between Civil DUI And Criminal DUI Proceedings
DUIs are criminal and civil issues. Since there are two different legal matters, there are additional court proceedings. One is in civil court and the other in criminal court. Different judges can handle these cases stemming from one incident.
The state initiates the criminal aspect to address the offender’s culpability. However, victims have the option to pursue a civil suit independently to seek damages. An acquittal from a criminal case doesn’t automatically negate the possibility of seeking damages from the persons liable for your injuries.
In some cases, you can use the result of the criminal case as evidence in your injury claim. To manage these potential complexities, you can speak to our DUI accident victim attorneys in Fresno.
Common DUI Accident Injuries In Fresno
DUI accidents are often severe. Drivers under the influence are more likely to make risky and dangerous decisions, meaning that other drivers, pedestrians, passengers, cyclists, etc., can be in danger. Some of the most common alcohol-related injuries in traffic collisions include:
- Traumatic Brain Injury — Traumatic brain injuries can occur when an object penetrates the skull, when the head collides with a surface or object in the vehicle, or when the brain collides with the side of the skull. These injuries can lead to permanent disability and lifelong care.
- Spinal Cord Damage — When the spinal cord is torn, broken, or twisted, it can lead to lifelong impairment. Damage after a DUI accident can lead to a loss of function or feeling. The loss may begin from the injury site downward.
- Broken Bones — The force and pressure from DUI accidents can cause broken bones. It can take months to heal from these injuries. Bones that usually break in Fresno DUI accidents are arms, hips, hands, ribs, and feet.
- Soft Tissue Injuries — Your body can twist and move in unnatural ways, which can lead to injuries in the ligaments, muscles, tendons, etc. A typical example is whiplash. This injury affects the neck and upper back. It is common in car accidents, especially from DUIs.
- Post-Traumatic Stress Disorder — Some symptoms that may stay with victims are nightmares, flashbacks, and challenges engaging in previously enjoyable activities. It can also lead to fear and avoidance of certain areas or activities.
- Internal Organ Damage — These injuries can be dangerous because they do not have any visible scars. You may have internal bleeding, resulting in death if left untreated. Some internal organs that can suffer damage include the kidneys, lungs, liver, and stomach. Seeking medical attention is essential to find any internal injuries that might be present.
Fresno DUI accident victim attorneys may connect you with a medical team to assist you in obtaining proper medical care. Arash Law can also examine the extent of your injuries to study how much compensation you might be able to pursue.
Common Causes Of Fresno DUI Accidents
The primary reason for DUI accidents is the effects of alcohol on the driver. Alcohol can affect the driver’s hearing, vision, decision-making, and coordination. Some common examples of the causes of accidents involving drunk driving include the following:
- Swerving into another lane.
- Speeding.
- Distracted driving.
- Running red lights.
- Ignoring stop signs.
- Following too closely.
- Failure to use turn signals.
- Falling asleep at the wheel.
- Failure to yield the right of way.
A skilled DUI accident victim attorney in Fresno can gather evidence to show cause. Speak to Arash Law for further assistance.
Legal Options For People Injured In DUI Accidents
You might have the right to pursue compensation through legal action when you suffer an injury from a drunk driver. You can file a civil lawsuit for damages you may be entitled to under California law. A car accident claim is another option. Victims can also press criminal charges.
Car insurance claims and lawsuits allow victims to seek damages incurred in the collision. These can include medical expenses, lost income, pain and suffering, etc. However, you must establish driver negligence to prove your right to pursue compensation. The four elements you need to demonstrate include:
- The driver owes a duty of care.
- This duty was breached.
- The breach was the cause of the accident.
- You suffer damages from the collision.
Drunk driving is a prime example of breaching a duty. It is a dangerous and illegal activity. All drivers owe each other a duty to drive safely. They must also follow traffic laws. You may be able to establish fault by proving the driver was under the influence. Doing so can be the first step in your injury claim.
Can I Pursue Compensation From The Fresno Drunk Driver Who Hit Me?
When you suffer injuries from a DUI accident, you will need to file claims against all negligent parties. Regardless of your or the other driver’s conditions, these claims will go through their insurance company. Fresno DUI accident victim lawyers can present evidence of intoxication to show that a driver was under the influence during the time of the accident.
The Fresno DUI accident victim attorneys from Arash Law have decades of experience dealing with a range of personal injury cases, such as car accidents. We understand that DUI accidents can have a significant impact on victims.
Ultimately, we aim to empower our clients by providing information and resources that apply to their claims, allowing them to make informed legal decisions that can potentially support their future.
What Types Of Compensation Can I Pursue After Being Injured By A Drunk Driver In Fresno?
The goal of a DUI insurance claim or lawsuit is to seek compensation. You will likely have various expenses resulting from the DUI crash. Every DUI accident is unique. How it impacts your life will also be different from someone else’s. Injury severity and how it affects your life will be significant to your compensation claim.
Our Fresno DUI accident victim attorneys can review your financial compensation needs, which may include:
- Ambulance fees
- Emergency room costs
- Specialty medical care
- Follow-up appointments
- Physical or cognitive therapy
- Property damage
- Future medical expenses
- In-home medical care
- Temporary or permanent disability costs
- Medical supplies, prescriptions, or devices
- Lost income
- Diminished earning capacity
- Out-of-pocket expenses include rental car costs, over-the-counter medications, transportation, etc.
The above list covers economic damages. However, you can also seek non-economic damages. These losses are challenging to measure since they can be subjective. Some of these damages include:
- Mental anguish
- Loss of enjoyment of life
- Pain and suffering
- Loss of consortium
- Medical amputation
- Loss of reputation
- Loss of companionship
- Scarring
- Disfigurement
One final compensation category you might qualify for is punitive damages. Rarely awarded, these are intended to punish the defendant, not compensate the victim.
The court can award punitive damages when the driver’s actions are deemed to be grossly negligent. The goal is to deter these actions in the future. To seek these damages, your Fresno DUI accident victim attorneys must prove the driver had a conscious disregard for your safety. Learn more about your options by scheduling a free initial consultation.
Settlement in a motor vehicle accident; client suffered internal injuries.– JUDD ROSS ALLEN
What If I Had Lost A Loved One In A Crash Involving A Drunk Driver In Fresno?
Fatalities are prevalent in DUI accidents. Surviving relatives may be eligible to pursue compensation through a wrongful death claim.
The first hurdle is determining who is eligible to file and pursue wrongful death benefits. Eligible family members include:
- Spouses
- Children
- Domestic partners
- Parents
- Siblings
- Next of kin
They may be able to pursue compensation for the following:
- Funeral and burial expenses.
- Medical and hospital bills incurred from the accident before death.
- Loss of future financial contributions.
- Loss of guidance, love, and attention.
- Value of household services.
If a loved one dies in a Fresno DUI accident, you can speak to a wrongful death attorney. A lawyer can determine if you are eligible to file a claim.
Steps To Take Following A Fresno DUI Accident
The accident scene can be overwhelming. However, there are critical actions you can take for your health and safety. These may include the following:
- Call 911 — After an accident, stop, remain at the scene, and report the crash. You should call the police. Local officers can request emergency medical services. They will also assist drivers and passengers following an accident. They will also investigate the accident scene and report critical information in a crash report. This report may be used to support your case in the future.
- Gather Evidence — If it is safe and you are physically able, take as many pictures and videos of the scene as possible. Visual evidence is a great way to back your claim. Ideally, pictures will show the following:
- Skid marks on the road
- Visible injuries
- Vehicle damage at the scene
- Nearby traffic signs and signals
- Weather conditions during the accident
- Construction zones
- The layout of the road or intersection
- Hazards on the road
- Get Information From All Relevant Parties — If possible, get the name, contact information, insurance information, and driver’s license number of the other driver. In DUI accidents, doing so might not be possible due to intoxication. That is where the police report can prove helpful. The police conduct a preliminary investigation that may uncover this information for you.
- Get Witness Information — Police officers might not get all the witness information available at the scene. They may only speak to a few or arrive after witnesses leave. If you see anyone who saw the accident, try to get their contact information before they leave. Witnesses’ statements can provide valuable evidence for proving fault.
- Speak to Experienced Fresno DUI Accident Victim Attorneys — The Fresno DUI accident victim lawyers from Arash Law can discuss the legal actions available to you after an accident. They may also assist with gathering evidence to help establish liability and the potential damages that may be available to you.
- Keep Track of Your Records and Documents — Following an accident, you’ll want to gather evidence to back up your claim for any compensation you may be eligible for. Keeping bills, records, and receipts may help prove the harm and losses you suffered from the DUI crash.
One ideal time to gather documents can be while you are undergoing treatments. If you wait too long, you might risk them disappearing. Other times, collecting these documents can be an arduous process. That can lead to additional delays. There are deadlines to consider, so delays can hurt your case more than you realize.
You can also keep a journal or notebook to describe the accident. Write a detailed account of what happened before, during, and after the crash. You may also want to journal about your recovery and medical care. This journal can show your pain and suffering from the accident.
There may be other steps that you can take to help your case. It is ideal to have legal assistance throughout the process to avoid making mistakes. Schedule a free initial consultation with one of our lawyers to learn more about what you can do after a DUI accident.
Why Do You Need The Help Of Fresno DUI Accident Victim Attorneys?
If you’re looking to file an insurance claim or lawsuit after a collision with a drunk driver, consider working with Fresno DUI accident victim lawyers. You can leverage our knowledge of and experience in personal injury law to learn how you may protect your right to pursue compensation.
We can handle all case aspects on your behalf, allowing you to focus on your healing. The team can also connect you with medical professionals if you require treatment as your case progresses.
A personal injury lawyer can also conduct an independent investigation into the accident. Here, your Fresno DUI accident victim attorneys can gather evidence to help establish the driver’s liability. Highly complex cases can require additional resources and steps. Often, these cases require help from expert witnesses.
Finally, our attorneys can work to estimate the value of your potential settlement. The goal is to assist you in pursuing compensation that reflects the extent of your injuries and other losses.
Fresno DUI Accident FAQs
A DUI accident claim can have many moving parts. Though you can try to handle yours independently, doing so can be confusing.
Arash Law wants to help injury victims by clarifying the claims process and making it more straightforward for you. It is understandable to have many questions about your case. Here, we will answer some frequently asked questions about DUI accidents.
While these are frequently asked questions and standard answers, certain things may impact your case differently. You can talk to our Fresno DUI accident victim attorneys about the specifics of your claim.
Should I Speak To The Insurance Company If They Call After A Fresno DUI Accident?
In many cases, an insurance company may take the initiative and contact motor vehicle accident victims. At this point, you can speak to them to provide basic information about the accident. However, try to avoid making any subjective statements about what happened, as they may be misinterpreted as you taking the blame for the crash.
If you choose to get legal counsel, you can then direct any future calls to them. Inform the insurer that you have retained a Fresno DUI accident victim attorney to handle these communications.
Suppose I Had Minor Injuries After A Fresno DUI Accident. Should I See A Doctor?
In short, yes, you should. Even if you think your injuries are minor, you should still get a medical evaluation. Catastrophic injuries can take hours or a few days to manifest symptoms, especially with head or brain injuries. You can also start receiving treatment the sooner you have a diagnosis.
Another benefit is having documentation of your injuries. Doctors will write down their findings in a medical report. You can use this report when building your case, where it can help prove that your injuries were caused by the accident and not a preexisting or subsequent event.
Can I File A Lawsuit If I Was A Passenger In A Fresno DUI Accident?
If you were a passenger in a DUI accident, you may be able to file a lawsuit against the negligent driver. The legal actions available to you will vary depending on the circumstances surrounding your claim. For instance, you might be eligible to file a claim against one or more of the following parties:
- The Driver of Your Vehicle — If the driver of your car is negligent, they may be held legally responsible.
- Other Drivers — If another motorist is a drunk driver, they may be responsible. In this case, you can file a claim with their insurance company.
- Your Auto Insurance Policy — If the at-fault party’s insurance policy is not enough to cover the estimated value of your damages, you may have to file a claim with your uninsured motorist coverage. You might also have to use your MedPay benefits.
How Long Does A Fresno DUI Accident Case Take To Settle?
There is no exact timeline for when your case will settle. While there are general deadlines and timelines, your claim is unique. As such, we must review your case to give you a general idea of case length. We can narrow down your timeline by using our experience to review your specific issues. Some typical factors that can affect your case length include:
- Medical Improvements — You may want to wait until you reach maximum medical improvement before you proceed with settlement negotiations. When you reach this point, it is easier to determine future lost income, ongoing medical treatment, and other future losses and negotiate a settlement based on this information.
- Potential Litigation — If your attorney and the insurance company cannot reach an agreement during settlement negotiations, you may have to explore the possibility of taking your case to court. This can delay your case.
- Injury Severity — The worse your injuries are, the longer your case may take. Some injuries are so severe that they lead to disability and impairment, making your case more complex and, in some cases, of higher value. Any significant developments in your medical recovery may complicate negotiations with insurance companies, as they might affect the value of the settlement amount you’re able to pursue.
How Much Can I Expect To Recover After A Fresno DUI Accident?
There’s no true way to determine how much compensation you can recover, as outcomes are never guaranteed. Instead, the amount you can pursue will depend on the circumstances of your case and injuries. The factors that go into assessing damages include:
- The severity of your injuries.
- Amount of insurance available.
- If injuries are permanent.
- The credibility of your evidence.
- Recovery length.
- Amount of lost income.
- Total in medical bills.
- Future medical treatments you require.
- Reliability of your witnesses.
- Dependence on services or assistance you need now that you did not before, which can include help with grocery shopping, child care services, or house cleaning.
It is challenging to calculate total losses, especially when there are permanent injuries. Working with a DUI accident lawyer can help you assess which factors apply to your claim. Once we study those factors, we can estimate the potential value of your claim and prepare your case.
If I Suffered An Injury In A DUI Accident In Fresno, How Much Time Do I Have To Bring A Claim?
Time is of the essence for all personal injury lawsuits. The California statute of limitations allows a specific time to begin legal proceedings. The timeline starts from the date of your injury. These timelines can change if the victims succumb to their injuries. Failing to file a lawsuit within the allotted time can hinder you from pursuing compensation altogether.
California allows injury victims to file a lawsuit two years from the accident date. This window of opportunity changes when there is a government entity involved, as you will only have six months to file a notice of legal action. Generally, you should not wait to file a claim for multiple reasons. Memories of the accident can fade with time. Witnesses may no longer be around or willing to testify. Call our dedicated Fresno DUI accident victim attorneys to discuss case viability and applicable deadlines. You can also potentially have us help you file a claim within the statute of limitations.
What Do I Need To Prove A Fresno DUI Accident Case?
The primary thing you need to prove in a DUI accident claim is driver negligence. California law requires a clear connection between the driver’s negligence and the accident and injuries you suffer. While it sounds simple, there are several aspects you must prove. You and your Fresno DUI accident victim lawyers must prove the following:
- The at-fault driver owed you a duty of care. This concept is simple since all motorists have a responsibility to follow road rules and not impede the safety of others.
- Next, you must show the driver breached their duty. This breach may be demonstrated by proving that the driver was intoxicated during the accident. Your legal team can argue that intoxication is a breach of duty.
- The duty breach led to your injuries. You need to show that the driver’s intoxication was a significant factor in causing the accident and your injuries.
- Finally, you must show there was damage resulting from the accident. Your personal injury lawyer must show there was actual damage, such as to your body or property. The harm must come from the Fresno DUI accident.
To prove these elements, consult with our Fresno DUI accident victim attorneys near you to gather the evidence needed to potentially kickstart the claims process.
If A Fresno Drunk Driver Was Convicted Of A DUI, Is That Sufficient To Show Negligence In A Civil Lawsuit?
In California, a DUI conviction is sufficient evidence to show negligence per se. Under negligence per se laws, the defendant is presumed negligent if they violated a law or statute and caused injury or harm to another as a result. Sometimes, even if the drunk driver does not do any jail time, they can still be found negligent.
Showing negligence per se is only one aspect of the process. The defendant has the right to show evidence that their impairment did not cause the accident. They can also argue that your injuries did not result from the accident. Our DUI accident victim lawyers in Fresno can help you assess whether intoxication contributed to your accident and injuries. They may also use the available evidence to counter any unwarranted arguments made by the at-fault party.
How Can Arash Law Help My Fresno DUI Accident Case?
After a DUI accident, Arash Law can help with the following:
- Answer Questions — Our Fresno DUI accident victim lawyers are here to review your case and answer any questions you may have. We’re committed to helping you understand your situation and offering the support you need.
- Investigate the Accident — If you choose to retain a personal injury lawyer, they may start working on your case by investigating the crash. Doing so can involve gathering evidence and interviewing witnesses. These actions aim to determine what occurred and who was at fault.
- Handle Negotiations — Once you have a well-supported case, it will be time to negotiate with the insurance company. Your DUI accident victim attorneys in Fresno will handle communication and negotiations with the defendant and their representatives.
- Work With Experts — Some cases require expert testimony or opinions. This can come from economists, engineers, doctors, and accident reconstructionists. These parties may help prove what led to the accident and the damages you incurred.
- Prepare for Trial — When negotiations do not go well, and all other legal options are exhausted, you may have to prepare for trial to continue pursuing compensation.
Call Dedicated DUI Accident Victim Attorneys In Fresno
If you have suffered injuries in an accident involving a drunk driver, you can talk to a lawyer to explore what to do next. Arash Law can review your case during your first free meeting with one of our lawyers. If you have a case and wish to have us handle your case, we can work to establish the liability of all potentially negligent parties. Regardless of the cause, Fresno DUI accident victim attorneys are here to help.
We serve Fresno and its neighboring locations, namely Sanger, Fowler, Friant, Madera, Kerman, Chowchilla, Bakersfield, Modesto, Stockton, Turlock, Merced, and more. If you cannot come to us, our legal team can arrange to meet you anywhere in California by appointment.
Call (888) 488-1391 for a free initial consultation.
Latest Traffic Reports in California
