Glendale DUI Accident Victim Lawyers
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Glendale DUI Accident Victim Lawyers Providing Legal Guidance When The Unexpected Happens
Impaired driving poses a significant risk of causing economic and physical harm to unsuspecting victims. Victims must seek accountability from drunk or drugged drivers, not only within the criminal justice system but also in civil court. Our dedicated team of Glendale DUI accident victim lawyers at Arash Law is committed to providing legal assistance and guidance tailored to your specific circumstances. Call us at (888) 488-1391 or complete our form for a complimentary initial case review.
In the state of California, stringent laws govern drinking and driving. Individuals found guilty of driving under the influence (DUI) face severe penalties, including fines and jail time. Moreover, they may be subject to civil lawsuits aiming to cover the costs incurred by the victim.
Few things are as reckless as driving under the influence of drugs or alcohol. Drunk driving accidents not only jeopardize lives but also leave victims grappling with the aftermath of injuries, medical expenses, and emotional trauma.
Our Glendale DUI accident lawyers have the experience and skills to advocate for your rights. We are committed to assisting you in seeking compensation for your injuries. We can help you explore your legal options following a serious accident.
Verdict in a mild traumatic brain injury case involving a motor vehicle collision– JUDD ROSS ALLEN
What Is Drunk Driving?
Drunk driving, also known as driving under the influence (DUI), impaired driving, drug-impaired driving, operating while intoxicated (OWI), or driving while intoxicated, is legally defined as the criminal act of operating or controlling a motor vehicle while impaired by alcohol or drugs. This impairment includes substances that lead to cognitive or physical dysfunction, including legal prescription drugs, illicit street drugs, and alcohol. A person classified as a drunk driver lacks the ability to operate a motor vehicle safely. Under the law, driving while impaired is an offense subject to punishment, with charges varying in severity based on the circumstances.
In California, a driver is considered “under the influence” when impaired by a substance, be it alcohol, illicit drugs, or prescription medications, to a degree that adversely affects their capability to operate a vehicle safely. Notably, California’s legal framework does not differentiate between the legality of obtained drugs; whether legally prescribed or acquired illegally, if a substance impairs your ability to drive safely, it constitutes a violation of the law.
How Is DUI Punished In Glendale?
DUI is a serious offense that poses a significant risk to both the driver and others on the road. In an effort to deter repeat offenders and promote public safety, California has established increasing penalties for repeat DUI offenders. In certain cases, Glendale DUI accident victim lawyers may refer to relevant state laws when justifying the case of their clients against the offender.
Glendale, like many other jurisdictions, takes DUI charges seriously and has established specific guidelines to address these cases. These mandates are implemented to help keep the legal process fair and consistent for everyone involved.
- Upon an individual entering a plea or being convicted of a first-time misdemeanor DUI charge in Glendale under Vehicle Code 23152(a) and Vehicle Code 23152(b), the standard judicial mandates include:
- A potential jail term of two days to six months. This is often suspendable.
- Fines ranging from mid-hundreds to low thousands.
- Probation lasts three or more years.
- A driver’s license suspension of approximately six months, with the option for defendants to retain driving privileges by installing an ignition interlock device (IID).
- Completion of a California DUI School.
- For second and third DUI offenses, the repercussions intensify, with fines potentially reaching thousands, DUI school lasting up to thirty months, mandatory jail time, and obligatory installation of an ignition interlock device.
- A fourth DUI within ten years is automatically charged as a felony, regardless of whether an accident occurred.
California DUI cases usually unfold over an extended period, with the initial arraignment often occurring months after the arrest.
Driving Under The Influence Statistics
As reported by Mothers Against Drunk Driving (MADD), the USA witnessed 401,520 DUI-related fatalities in 2021. On a daily basis, an alarming average of 37 Americans succumb to drunk-driving accidents nationwide, according to the National Highway Traffic Safety Administration (NHTSA).
The year 2021 recorded 13,384 traffic deaths attributed to drunk driving, signifying a concerning 14% surge from the previous year. Each of these fatalities was entirely preventable, underscoring the devastating impact of drunk driving. This reckless behavior not only claimed thousands of lives but also subjected countless innocent individuals to severe and often life-altering injuries and trauma.
According to the Centers for Disease Control and Prevention, a concerning one-third of all car accident fatalities in the U.S. are linked to drunk driving, wherein drivers have blood alcohol levels of 0.08 g/dL or higher. The blood alcohol level, technically known as blood alcohol concentration (BAC), represents the percentage of alcohol in a person’s bloodstream. For instance, a BAC of 0.10% indicates that one part of alcohol is present in every 1,000 parts of blood in the individual’s system.
These statistics serve as a stark reminder of the devastating consequences that can arise from individuals choosing to get behind the wheel while under the influence. The impact of these incidents is felt not only by the victims and their families but also by society as a whole. It is imperative that we continue to raise awareness about the dangers of drunk driving and work towards implementing effective measures to prevent such senseless tragedies from occurring.
Blood Alcohol Content Levels
California enforces a blood alcohol content (BAC) limit of 0.08 for individuals operating motor vehicles. Surpassing this threshold leads to charges of DUI. However, the California legislature has established additional limits beyond the 0.08 rule:
- Commercial Vehicle Drivers — Required to maintain a BAC below 0.04%.
- Drivers Under the Age of 21 — Mandated to keep a BAC below 0.01%.
Declining a breathalyzer test, used to determine BAC, may result in a one-year suspension of your driver’s license.
Our skilled DUI accident victim lawyers can use the drunk driver’s test results as evidence in your potential claim. At Arash Law, we leverage our resources to protect your rights and help you seek compensation tailored to your unique circumstances. Contact us at (888) 488-1391 or through our online form for a free initial consultation.
Evidence Of Intoxication
The statements made by the intoxicated driver who collided with you can serve as valuable evidence in your case, but they may not be sufficient. Usually, drunk drivers involved in accidents tend to deny any wrongdoing, anticipating potential criminal consequences.
To counter potential denials from an intoxicated driver who collided with you while you were driving responsibly, you may need to provide more evidence of intoxication or recklessness. Our Glendale DUI accident victim attorneys can collaborate with local law enforcement agencies and crash investigators to obtain available evidence.
Crucial criminal evidence that could support your claim includes:
- Results of the field sobriety test (FST).
- Blood alcohol concentration (BAC) test results.
- Statements provided to police investigators.
- The court’s conviction of the drunk driver.
Brain Effects Of Alcohol On Drivers
While alcohol is commonly consumed in social settings, it is important to acknowledge its inherent toxicity. Even a small amount can impact the brain, and an excessive intake can be fatal. Although people often consume alcohol for its intended side effects, such effects can pose serious risks, especially for drivers.
Maintaining alertness and the ability to focus on the road is important for individuals behind the wheel. Any form of impairment can significantly increase the likelihood of a severe accident. The side effects of alcohol that make it particularly dangerous for drivers include:
- Blurred Vision — Vision is important for drivers, enabling them to respond to traffic signs, lights, vehicles, and pedestrians. When alcohol diminishes a driver’s vision, the ability to drive on the road is compromised, which may cause difficulties in staying within the lane and responding appropriately to the surroundings.
- Difficulties Concentrating — A drunk driver is essentially a distracted driver. A person with a high blood alcohol concentration (BAC) struggles to maintain focus on a single task for an extended period. This distraction poses a significant risk when operating a vehicle.
- Shortened Reaction Time — Swift reactions are vital when responding to signals like red lights, stopped vehicles, or pedestrians crossing the street. A drunk driver, with a reduced reaction time, may be unable to stop in time, increasing the likelihood of colliding with other cars or pedestrians.
- Reduced Judgment — Effective driving involves using judgment to assess road conditions, weather, and traffic for safe navigation. However, impaired judgment in a drunk driver often leads to poor decisions, elevating the potential for serious collisions.
Our DUI accident victim lawyers in Glendale recognize the inherent dangers of alcohol consumption, particularly when it comes to driving. We emphasize the critical impact of alcohol on drivers, as even small amounts can result in severe impairment. Our lawyers are committed to helping victims address the complexities of DUI cases.
What Injuries Do DUI Accident Victims Suffer?
An intoxicated driver poses an exceptionally high level of danger. The influence of alcohol on the brain renders drunk drivers incapable of safely operating a vehicle. One notable consequence is a significantly shortened reaction time, preventing a drunk driver from timely braking or slowing down before colliding with another vehicle. Consequently, accidents involving drunk drivers are more likely to be high-impact, resulting in more severe injuries compared to minor fender benders.
Drunk driving accidents have the potential to inflict a range of injuries, including:
- Broken Bones — These are fractures or cracks in the bones, varying in severity and often requiring medical intervention such as casting or surgery.
- Disfigurement — Refers to the alteration of one’s physical appearance, often caused by extensive injuries, burns, or trauma, causing permanent changes.
- Nerve Damage — Injuries to the nerves, essential for transmitting signals between the brain and other body parts, can result in sensory or motor dysfunction.
- Lacerations — These are deep cuts or tears in the skin, often caused by sharp objects or the impact of an accident, requiring medical attention and stitches.
- Severe Burns — Intense skin damage caused by exposure to heat, flames, chemicals, or electricity, resulting in significant pain and potential long-term consequences.
- Crush Injuries — These occur when body parts are subjected to extreme pressure or force, which can result in damage to muscles, nerves, and blood vessels.
- Whiplash — A neck injury caused by rapid back-and-forth movement, commonly experienced in car accidents, resulting in pain, stiffness, and other symptoms.
- Traumatic Brain Injury (TBI) — Damage to the brain caused by external force, leading to a range of cognitive, physical, and emotional symptoms.
- Spinal Cord Injury — Damage to the spinal cord can result in loss of motor or sensory function, impacting various aspects of daily life.
- Paralysis — Loss of muscle function in specific body parts or the entire body, often caused by severe injuries to the spinal cord or brain.
Sustaining these injuries necessitates extended medical treatment and rehabilitation sessions. The result of an accident often includes the inability of victims to resume work, which can cause a loss of income and the accumulation of substantial bills. Tragically, some injuries can even be fatal. In such cases, our Glendale DUI accident victim lawyers can provide legal support.
What Damages Can You Pursue In A Personal Injury Claim?
When no two accidents are identical, victims who establish liability against drunk drivers in civil court commonly seek various damages. The majority of cases reach a settlement pre-trial and include compensatory damages, such as:
- Medical Expenses — Covering current and anticipated care for injuries resulting from the accident.
- Loss of Income and Earning Capacity — Compensating for income lost and potential earning capacity reduction.
- Attorney Fees and Travel Costs — Including the costs associated with legal representation and related travel.
- Pain and Suffering — Addressing the physical and emotional distress experienced.
- Physical Impairment Compensation — Providing compensation for severe injuries resulting in physical impairment.
- Emotional Distress — Dealing with psychological trauma post-accident.
In rare cases, some victims may be awarded “exemplary” or punitive damages designed to penalize the wrongdoer. However, obtaining damages for a personal injury is a complicated process involving investigations, evidence gathering, and extensive paperwork. Hiring our personal injury lawyers in Glendale can help ease the challenges of handling this process on your own.
Denials Of Auto Coverage And The Impact Of Drunk Driving
When you consider filing a claim against the at-fault driver, certain issues may arise, such as the possibility that the driver’s policy may not cover the incident. Some insurance companies have liability exclusions for their policyholders. In these situations, your Glendale DUI accident lawyer can help explore alternative legal options, including filing a personal injury lawsuit against the drunk driver.
Uninsured Drunk Drivers And Coverage Denials
In the unfortunate event of a collision with a drunk driver who lacks auto insurance or whose insurance company refuses to cover damages due to intoxication, recourse may be sought through your uninsured motorist (UM) coverage. This coverage can provide compensation for bodily injury and property damage.
However, in cases where you lack uninsured motorist coverage, legal action may be necessary against the intoxicated driver or the vehicle owner responsible for the damages. Suppose the other party is financially insolvent and deemed judgment-proof, meaning their income and assets cannot satisfy a judgment. In that case, you may be shouldering the costs for pain and suffering compensation, bodily injuries, property damage, loss of wages, and more. Understanding the intricacies of insurance coverage is crucial to navigating the aftermath of such incidents.
When pursuing your injury settlement after a drunk driving accident in Glendale, having a committed legal representative in your corner can be helpful for your case. Timing plays a pivotal role, and a well-coordinated strategy involves supplying essential information to the insurer without divulging unnecessary evidence they aren’t entitled to. Our Glendale DUI accident victim lawyers can deal with insurance companies on your behalf.
What To Do Right After Getting Hit By A Drunk Driver
Being involved in a collision with a drunk driver can have an impact on your life. In an instant, your routine commute transforms into a situation involving police, medical professionals, insurance adjusters, and legal matters. To safeguard yourself and prepare for potential legal actions, consider the following steps:
- Call 911 for Immediate Medical Attention — Prioritize your physical and mental well-being by promptly calling 911 if injuries are involved. This helps facilitate timely medical treatment and establishes documentation for injuries and related expenses.
- Contact the Police — Notify the police to have an officer assess the situation, interview involved parties, and generate an official report. Calling the police is particularly vital when suspecting a drunk driver, as they can conduct field sobriety tests and alcohol tests.
- Exchange Contact and Insurance Information — Request police assistance, exchanging contact and insurance details with the other driver. Gather information such as the driver’s full name, license number, license plate number, and insurance particulars.
- Document the Scene — Collect the names and contact details of witnesses. In addition, take photographs of the accident scene, including vehicles, street signs, traffic signals, and lighting conditions. Avoid interfering with the police investigation, as DUI accidents may involve serious crimes with potential felony charges.
- Consult With Glendale DUI Accident Lawyers — Recognize that DUI accidents carry both criminal and civil implications. While some cases can be straightforward, others involve legal complexities that often necessitate professional guidance. DUI accident victim lawyers can assist in estimating the compensation you may seek and help you through the legal process.
Is A Drunk Driver Automatically At Fault For An Accident?
Drunk drivers are generally assumed to be at fault when involved in a car accident. Generally, victims have to demonstrate the four elements of negligence, which is duty of care, breach of duty, causation, and damages. It means that the driver had a legal responsibility to take reasonable caution to prevent causing harm, such as avoiding drinking and driving. If they failed to uphold it, they breach their duty. To show causation, the victim must present evidence that their breach of duty caused the accident and succeeding damages.
In a DUI accident, the drunk driver can be automatically considered negligent under the legal theory of negligence per se. This means that the act of driving under the influence establishes that the driver breached their duty of care. You would only need to establish that their negligent act caused the accident and your injuries.
Every driver is obligated to operate their vehicle with reasonable care, and driving under the influence constitutes a breach of this duty. Understanding these legal complexities is critical for comprehending the consequences of a shared-fault scenario. Our Glendale DUI accident victim attorneys can help you understand the legal intricacies of your case and advocate for your interests throughout the process.
April 2019: $14M settlement in a traumatic brain injury case involving a defective piece of equipment at a factory.– BRIAN BEECHER
Deadlines For Filing A Claim
The two-year statute of limitations in cases involving drunk driving accidents is a strict deadline, but exceptions may apply in certain cases. Missing this window means forfeiting your right to pursue a lawsuit against the party responsible for your injuries. It is crucial not to let a drunk driving incident go by without promptly initiating a civil lawsuit against the at-fault individual. It’s important to understand that criminal lawsuits and civil litigation are separate processes; therefore, even if a drunk driver faces criminal penalties, they can still be held accountable in civil court.
Whether a drunk driver faces fines or a jail sentence in criminal proceedings, they remain liable for civil litigation. To pursue such legal action, it’s essential to file a claim against the drunk driver within the two-year statute of limitations. If you have any questions about the deadlines for filing a lawsuit after a drunk driving accident, our Glendale DUI accident victim attorneys can give you clarity.
Why Hire Our Glendale Drunk Driving Accident Lawyers?
Our team of Glendale DUI accident victim attorneys has handled numerous car and DUI accident cases for our valued clients. Drawing from our experience in accident litigation, we can help you pursue a claim and represent you in court, if necessary.
Understanding that cases vary from one another, we approach each DUI accident claim with careful consideration. When you choose Arash Law, our attorneys provide your case with personalized attention and communicate with you directly and frequently to keep you updated on its progress.
Arash Law provides skilled representation in this area of law, collaborating with qualified professionals in relevant fields who can serve as expert witnesses. This helps us build well-supported cases on behalf of our clients, addressing the unique complexities of each situation.
In demonstrating our commitment to our clients, our Glendale DUI accident victim lawyers handle all cases related to drunk driving accidents on a contingency fee basis. In this fee structure, you won’t pay attorney’s fees unless we obtain compensation for your case. Nevertheless, certain case-related costs may still apply, regardless of the outcome. We will clarify this arrangement before we move forward with your case.
Seek Legal Advice From An Experienced DUI Accident Victim Attorney In Glendale
If you or a loved one has suffered injuries in a DUI accident in Glendale, California, it’s crucial to understand and assert your legal rights. At Arash Law, our team of Glendale DUI accident victim lawyers is dedicated to assisting you throughout this challenging period. We offer comprehensive support, connecting you with doctors in the area and addressing your legal inquiries.
Furthermore, when dealing with the uncertainty of a DUI accident, our lawyers can provide legal insights to help you make informed decisions about your case. With extensive experience in accident cases, we stand by your side in pursuing appropriate compensation through the legal process. Call us at (888) 488-1391 to schedule a free initial consultation.
We represent clients in Glendale and neighboring areas, including Eagle Rock, North Arroyo, La Crescent, La Crescenta-Montrose, La Cañada Flintridge, Burbank, Atwater Village, Glassell Park, Elysian Heights, Franklin Hills, Highland Park, Silver Lake, Normandie Heights, Altadena, Sunland, Alhambra, Sun Valley, Hollywood, North Hollywood, Beverly Hills, Monterey Park, Lincoln Heights, and other cities in California.