Oakland DUI Accident Victim Lawyers
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Our Oakland DUI Accident Victim Lawyers Provide Dedicated Support After An Injury
Injured in a DUI accident? Our Oakland DUI accident victim lawyers can walk you through your rights and options. Our team at Arash Law offers a free case review to help you understand what steps to take following an accident. If you are unable to visit us, we can meet you at a location of your choosing. We also offer alternative options. You can fill out our online form or call us at (888) 488-1391 to schedule a free initial consultation.
Those who sustained injuries from drunk driving incidents may have to deal with consequences that have a lasting impact on their lives. Financial insecurity due to missed paychecks and lost earning capacity can cause a person to experience stress, anxiety, and depression. We recognize how challenging it must be to deal with the aftermath of an accident. As such, our attorneys aim to help you with the legal aspects of your injury claim, allowing you to focus on your physical and emotional well-being.
A Lay Of The Land
Home to approximately four hundred thousand residents, Oakland is a commercial powerhouse that contains the Port of Oakland. The cargo passing through the Port of Oakland creates jobs and other economic opportunities for those who live in and around the city.
Incorporated in 1854, Oakland is a charter city, and it remains one of the fastest-growing areas in California. But despite progress, there’s no telling when an accident can happen, especially when there are negligent people.
The San Francisco Bay Area is one of the most diverse regions in Northern California. Oakland is located in the East Bay, and it is the third most populous city in the San Francisco Bay Area, making it a hot spot for plenty of accidents, including DUI.
Located in Alameda County, the city of Oakland is one of the most popular urban centers in California. Many fantastic restaurants and clubs make Oakland an exciting place to live. Numerous music festivals, Jack London Square, and the Oakland Zoo are some of the most popular attractions in the city. However, Oakland can get congested in the mornings and afternoons due to commuters and travelers.
Oakland has a high number of driving under the influence arrests compared with other cities in California. Law enforcement agencies promote safe driving practices to reduce the number of DUI arrests in Oakland and the surrounding areas.
A farm worker, suffered multiple broken bones and other orthopedic injuries resulting from an auto accident where the defendant driver attempted to make a left turn in front of our client in heavy fog.– ARASH KHORSANDI
Negligence And Drunk Driving
An individual who drives an automobile while intoxicated is considered negligent. Claims asserted against intoxicated drivers include state law violations, reckless driving, and negligence. The claims asserted by the injured victim are integral to any civil lawsuit.
Oakland remains in the middle for automobile accidents caused by intoxicated drivers. However, fatalities occur each year in the city of Oakland due to drivers who drive while under the influence of alcohol. Drunk drivers are considered negligent and may face liability for the injuries they inflict in an automobile accident.
Intoxicated driving is an avoidable activity, and there is no excuse for drivers to engage in this dangerous behavior. Approximately 23,000 individuals suffered injuries in 2011 due to automobile accidents involving intoxicated drivers. In the same year, 1,000 people died due to intoxicated drivers. Thirty percent of all deadly automobile accidents occur due to individuals who drive while intoxicated.
Authorities may prosecute those arrested for driving under the influence of alcohol. If convicted, the defendant may have to serve a prison sentence, pay fines, lose their driver’s license, and perform a specific amount of community service. Some offenders may be ordered to enter rehabilitation centers and pursue treatment for substance use disorders.
If a person suffers injuries or death due to a DUI accident, the offender may face even more serious consequences. Property damage also complicates the case against the offender. An individual may face a civil lawsuit due to their irresponsible actions. These cases can become complex in a short amount of time. It is important to learn about the benefits of legal representation.
California Vehicle Code section 23153 codifies the crime of driving under the influence, which causes injuries. This statute describes the crime as driving under the influence of alcohol and causing personal injuries to another motorist, pedestrian, or commuter. The statute is also concerned with property damage caused by the accident. Lawyers representing the state can charge the offender with a felony or a misdemeanor. Those who are charged with a felony may deal with more serious consequences.
The CDC reports that over a million individuals face arrest each year for driving while intoxicated. So many people are intoxicated while driving that you never know when you may be at risk of being struck by a drunk driver.
The Numbers: Facts Related To Drunk Drivers
Numerous campaigns have attempted to inform people around California about the dangers of driving under the influence of alcohol. Although more people are becoming aware of the dangers of drunk driving, this problem is still prevalent in California.
Approximately ten thousand accidents involving intoxicated drivers occurred in 2017. Of these ten thousand accidents, approximately 350 individuals died due to their injuries. Many individuals have died due to the actions of intoxicated drivers. In these automobile accidents, the passengers of the drunk driver may also lose their lives.
People also suffer serious bodily injuries due to accidents involving intoxicated drivers. Drunk drivers often cause accidents leading to spinal cord injuries, traumatic brain injuries, and bone fractures among their victims. Many accident victims experience post-traumatic stress disorder in the months and years after suffering injuries during an automobile accident.
Drunk driving continues to be a serious problem in Oakland and other cities in California. Both urban and rural parts of the state are affected by people who choose to drive while intoxicated. Promoting awareness of the dangers of drunk driving can help people make safer decisions. For example, an individual may opt to use a rideshare service rather than choosing to drive after drinking.
Although the total number of bodily injuries dropped in 2014, injury rates have risen almost every year, with the exception of 2018.
Alcohol Impairment: How Does It Affect Drivers?
Driving while intoxicated is one of the most dangerous things a person can do. Many individuals who choose to drive while intoxicated underestimate how alcohol affects their perception, cognition, and judgment. The following are some of the ways alcohol affects the human body:
- Hearing and Seeing — Alcohol intoxication interferes with the proper functioning of peripheral vision and visual acuity. Depth perception and hearing are also impaired by the use of alcohol.
- Focusing on Multitasking — Many drivers who ingest alcohol cannot focus on every aspect of driving, which can lead to accidents.
- Making Rational Decisions — Alcohol impairs rational decision-making. Individuals who have only a few drinks may be less cautious and less reasonable.
- Motor Skill Coordination — Those who are affected by alcohol often become less coordinated and exhibit slower reaction times. These problems can cause drivers to respond too slowly to traffic signals.
Filing A Traffic Collision Report Related To A DUI Accident
California law mandates that drivers must report accidents involving over $1,000 of property damage. Additionally, drivers must report accidents that cause serious bodily injury or death. Automobile insurance companies often require a report filing within 24 hours of an automobile accident. Law enforcement officers will typically produce a traffic collision report after responding to an automobile accident.
Property Damage, Payments, And Automobile Accidents
California law determines which party has the burden of paying for property damage caused by an automobile accident. The kind of automobile liability insurance is relevant to this analysis, as is the determination of which party is responsible for the accident. Oakland DUI accident victim lawyers can help you understand these issues in more detail.
Understanding Your Legal Rights
If you’ve been struck by an intoxicated driver, you should know that they may be charged with a criminal offense. Aside from that, it is also possible for you to file a civil lawsuit against the intoxicated driver. The civil lawsuit does not attempt to find the responsible party guilty of some crime.
Rather, a civil lawsuit is about seeking financial compensation for your injuries and the expenses you incurred due to a DUI accident. You may be able to seek accountability from the at-fault driver through a personal injury claim. Different types of damages in civil lawsuits may be available to claim, namely:
- Economic damages, which refer to your quantifiable losses. These are based on items that have a numerical value, such as lost income, lost future earnings, and medical bills.
- Non-economic damages include things such as pain and suffering, psychological distress, and loss of companionship, society, and comfort.
Proving Liability In DUI Accident Cases
A drunk driver may be held liable for causing an accident. However, liability must be established through evidence, such as police reports, witness statements, and expert testimony. Additionally, other factors, such as shared fault or the involvement of multiple parties, can complicate the determination of liability. If you partially contributed to the accident, then your total damages amount may be reduced by the percentage of your own fault.
Law enforcement agents and attorneys will attempt to identify which party was responsible for causing the DUI accident. Afterward, DUI victim lawyers can assist you in pursuing a civil lawsuit against the identified party responsible for your injuries.
How Civil Lawsuits And Criminal Cases Differ From Each Other
Criminal prosecutions are brought by the state through a city attorney or prosecutor against the intoxicated driver. The prosecutor represents the people of California. The state must prove that a criminal defendant is guilty beyond a reasonable doubt. Furthermore, judges in criminal cases can order restitution payments, fines, and costs for property damage.
Civil lawsuits are different from criminal cases. A lawyer representing the injured party files a complaint against the drunk driver. In the civil lawsuit, the injured party demands financial compensation for the economic and non-economic damages suffered by the injured party. Civil lawsuits do not result in any criminal conviction.
Dram Shop Laws
Dram shop laws are in effect in many states throughout the country. Under these laws, establishments such as restaurants and bars may be held liable for selling alcoholic beverages to a visibly intoxicated minor who causes an automobile accident.
Establishing which merchant served the intoxicated person alcohol can support the injured party’s civil lawsuit. DUI accident lawyers may hire investigators and other professionals to determine which businesses served alcohol to the intoxicated person who caused the accident. Gathering this evidence is necessary to build a case strategy.
Dram shop laws mandate notifying the club or bar in writing about the legal claims made against them. Failure to provide this notice to these parties can complicate the process of bringing legal claims against them. You can reach out to an Oakland DUI accident lawyer so you can understand the nature and extent of your legal rights.
DUI Accidents: Long-Term Consequences
Accidents involving a party who is arrested for driving under the influence of alcohol can change the victims’ lives forever. Accident victims in these cases often suffer serious bodily injury or death. Sometimes accident victims experience spinal cord injuries and traumatic brain injuries. Physical and psychological recovery may require that the accident victim alter their daily activities indefinitely.
Victims may suffer traumatic brain injuries, which can lead to permanent or temporary disabilities. Aside from injuries, an accident victim may need to bear with property and vehicle repair costs. Others may find it challenging to go back to work.
Medical bills can also be extremely high due to the severe injuries that are often associated with DUI accidents. Hospital bills, ambulance bills, and physical therapy sessions can quickly add up. Sometimes it is impossible for families to keep up with the payments on their medical bills. These factors can lead to financial insecurity and psychological distress.
Filing a civil lawsuit against a drunk driver can help victims seek financial compensation for their injuries. You may be able to assert your legal rights with the help of DUI accident victim lawyers.
Which Party Can Assert Legal Claims In A DUI Accident Case?
An individual who suffers injury due to the wrongful actions of a person convicted of DUI or the surviving family members of a decedent may be able to file a civil lawsuit against the parties responsible for the DUI accident.
The Damages Individuals May Pursue In DUI Accident Cases
In California, someone who suffers personal injuries may be eligible to seek the following damages:
- Past and future medical bills
- Past and future lost income
- Pain and suffering
- Emotional distress
In rare cases, punitive damages may be available if the at-fault driver’s actions are found to be particularly reckless or malicious. These damages are intended to punish the defendant and deter similar conduct in the future. However, the availability and amount of punitive damages depend on the specific circumstances of the case and the laws of the jurisdiction.
Speaking with an experienced DUI accident victim lawyer can help injured victims learn more about the types of damages they may be able to pursue in a DUI accident case. It is important to understand the components that are related to these damage categories.
Potential Value Of A DUI Accident Case
Settlement awards may vary for every DUI accident case. Numerous factors can affect the settlement of any case. Insurance policy limits are often an important factor regarding financial compensation in DUI accident cases. Our Oakland DUI accident victim lawyers work to represent our clients and help them seek a fair settlement according to the law.
What follows are some of the types of damages available in DUI accident cases:
- Lost earnings (past, present, and future).
- Losing the ability to work and being unable to participate in enjoyable activities.
- Disfigurement and scarring.
- Post-traumatic stress disorder, depression, and anxiety.
- Shock and extreme stress.
- Pain and suffering.
Settlement in a motor vehicle accident; client suffered internal injuries.– JUDD ROSS ALLEN
Property Damage And The Victim’s Automobile
The collision coverage featured on an automobile insurance policy and the determination of fault are two factors that are relevant to assessing who is responsible for paying for property damage to a vehicle. Speaking to a DUI accident attorney is important because you need to acquire as much information about your case as possible. Understanding all the details relevant to your case can help you make informed decisions that may influence the outcome of your DUI accident case.
Intoxicated Drivers, Settlements, And Insurance Companies
Some insurance companies may extend a settlement offer to accident victims injured by their policyholder. Passengers who are riding with the intoxicated driver may also be eligible to seek financial compensation. These insurance policies apply to passengers who suffer injuries during DUI accidents.
It is possible to file a claim if you have uninsured motorist insurance or underinsured motorist insurance. A DUI accident lawyer in or around Oakland will review every insurance policy that is relevant to your DUI accident case.
Assess whether the settlement offers from the insurance company account for your losses. It may be beneficial to consult experienced DUI accident victim lawyers first before accepting any offer. Doing so can help you make more informed decisions in your pursuit to seek fair compensation.
When Can I Bring A Civil Lawsuit Against An Intoxicated Driver?
In California, injured victims have two years from the date of the injury to bring a civil lawsuit against the liable party. If you do not bring your legal claims within the statute of limitations period, you may forfeit your right to bring those claims. Oakland DUI accident victim lawyers can help you understand any exceptions that may apply to your case.
It’s important to be aware of the applicable deadlines for filing a legal claim. Pursuing your case early may give your attorney enough time to gather evidence and meet necessary deadlines under the statute of limitations.
DUI Accident Lawyers In Oakland
If you are unsure how to handle the medical treatment you need while managing a civil lawsuit, reach out to our Oakland DUI accident lawyers. Our DUI accident lawyer can complete the following tasks for you:
- Consult accident reconstructionists.
- Seek expert opinions from toxicologists.
- Interview witnesses who observed the DUI accident.
- Subpoena 911 calls and other recorded communications.
- Request for surveillance video, traffic light recordings, and other videos to substantiate your claims.
- Subpoena body cam footage or dash cam footage.
- Gather witness statements from people who served the intoxicated person.
- Collect blood alcohol reports.
- Collect all traffic collision reports.
The majority of civil lawsuits do not go to trial. Only a small fraction of civil lawsuits go to trial. However, if your case proceeds to trial, our attorneys can hire expert witnesses to support your case.
Retaining witnesses and asking them to provide testimonies can help in building your case. Our lawyers prepare every case with the possibility of a trial in mind, given the uncertainty of the case’s resolution. We work to build a case tailored to your specific circumstances and advocate for your rights through negotiations and litigation.
Contact Our Oakland DUI Accident Lawyers
If you or a loved one suffered injuries from a DUI crash, reach out to our lawyers. Arash Law helps injured victims seek financial compensation for their injuries. We have decades of experience representing clients in personal injury cases.
Our DUI Accident Victim Lawyers not only serve Oakland but also nearby areas, including Emeryville, Piedmont, Alameda, Berkeley, Albany, Orinda, Kensington, Moraga, El Cerrito, San Leandro, San Francisco, East Richmond Heights, Richmond, Lafayette, Brisbane, Tiburon, Ashland, Rollingwood, Belvedere, San Pablo, and San Lorenzo.
Contact Arash Law at (888) 488-1391 to schedule a free initial consultation.
