Orange DUI Accident Victim Attorneys
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Our Orange DUI Accident Victim Attorneys Are Committed To Help You Move Forward
Even in peaceful cities like Orange, drunk driving accidents often have devastating outcomes. In the event that you are involved in a DUI accident, Arash Law’s Orange DUI accident victim attorneys can help you understand your legal options. Call professionals from Arash Law at (888) 488-1391 or complete our “Do I Have A Case?” form to schedule an initial consultation.
Located about 3 miles north of Santa Ana, Orange is found in Orange County, California. It is unique in that many of the homes in the Old Town District were built in the 1920s. Other nearby cities demolished similar buildings in the 1960s. However, Orange decided to preserve these homes. As of 2020, the population was 139,911.
Orange County takes DUI accidents seriously. The courts have many potential punishments for those who are caught driving under the influence, such as fines, license suspension or revocation, and jail time. Two courts will handle these cases: civil and criminal. The criminal court punishes drunk drivers for their actions. Civil court handles claims of victims who sustain injuries from a drunk driver’s negligence.
Gil v. Anderson Plumbing: verdict by a Los Angeles County Superior Court jury in Van Nuys awarded to a man who was injured when his vehicle was struck from behind by a large commercial plumbing van. Benny was part of the trial team that obtained this verdict.– BENNY KHORSANDI
What Is DUI With Injury?
DUI causing injury is defined in California Vehicle Code §23153. It is when a person is driving while under the influence of alcohol. Penalties for a DUI causing injury can include fines, jail time, and license suspension. Drunk drivers’ actions result in bodily injury or harm to another person, leaving their victims with financial obligations from hospitalization and other damages.
If You Are In An Accident
No one wants to be in an accident. If we can choose, we will stay far away from collisions. We cannot control people’s decisions, but we can control what we do after being in a collision. Your safety should be a priority in these situations. DUI accident victim attorneys in Orange County believe that some actions can help you after a DUI accident:
- Move to a Safe Area — Moving your vehicles out of the road is advisable so it doesn’t lead to other traffic incidents. If you suffered a severe injury, stay put. Move the car to the shoulder of the road when possible. Additionally, put on your hazard lights so other vehicles have a warning that you are immovable.
- Stop Your Vehicle and Get Out — Confirm that your car has come to a full stop, shift it into park, and turn off the engine. Take a second to breathe and get out of the vehicle. If you have safety flares or other road safety items, use them.
- Check on Everyone Involved — Check on everyone in your car first. Then, check on everyone else, like drivers, pedestrians, and passengers. Check for injuries and see how many people are involved. If there are injuries, call for emergency medical assistance.
- Call the Police — Regardless of how severe you believe the accident is, think about obtaining a police report, as it could be crucial for obtaining compensation through a car insurance claim or legal action. Cooperate fully with the police, but do not admit fault for anything. Avoid blaming anyone for the collision. Let the police investigate the scene and come to an unbiased conclusion about the events. You can also file a report with the DMV if the police do not come to the scene. However, such an occurrence is rare, especially in DUI cases.
- Gather Information — Try to write down as much information as possible about the accident scene. Some of this information you can get at the scene. Other information you may have to write down when you get home. Information can include:
- Insurance information
- License plate numbers
- Location of the accident
- Names of drivers and passengers
- Contact information for the eyewitness
- Name and badges of responding officers
- Make and model of the vehicles involved
- Your recollection of the accident
- Document the Scene — If your phone works and has a camera, take pictures of the accident scene. You will want to capture the vehicles, location, injuries, etc. They will be essential to your future claim.
Arash Law understands you might be unable to take all these steps. Injuries may prevent you from taking any of the steps above. Talking to lawyers who represent victims of Orange DUI accidents can be helpful for your case.
DUI Statistics In Orange County
We must look at state statistics before getting into county or city statistics. Responsibility.org reports that about 1,000 out of 10,000 DUI fatalities that happen yearly nationwide happen in California. That means California accounts for 10 percent of all alcohol-impaired deaths nationwide.
Specifically, 30 percent of these deaths are caused by drivers under 21. Adding insult to injury, nationwide statistics are decreasing, and California DUI deaths are increasing. If you are involved in a drunk driving accident, our Orange DUI accident victim lawyers can provide legal support.
The Centers for Disease Control (CDC) reports that in 2020, 1.2 percent of California drivers admitted they drove after drinking alcohol. They do so even when they know they should not. You might assume this number is low, but California has a high population. The 1.2 percent is equal to about 500,000 California drivers. Some people knowingly get behind the wheel after consuming alcohol.
It should also be worth noting that some California drivers are also speeding. It is no wonder that serious accidents are so prevalent throughout the state. While these statistics are concerning, they only account for the drivers who admit to driving after drinking.
Now that you know the statewide statistics, let’s look at Orange County specifically. In 2020, the California Office of Traffic Safety (OTS) reported that 1,282 people suffered an injury or were killed in alcohol-related accidents in Orange County. Los Angeles had 6,067 in the same reporting year. You might think that OC isn’t doing so badly until you compare population density. LA County has 3.17 times more people than the OC.
MADD Statistics
Drunk driving affects people on the road, their families, and the community. Mothers Against Drunk Driving (MADD) collects data and statistics about the effects of drunk driving. The organization also offers services and assistance to victims of alcohol-related collisions. Their research finds that:
- Every 51 minutes, a person dies from a drunk driving incident.
- 28 people are killed daily by drunk drivers.
- Drunk driving is 100 percent preventable.
Families of drunk-driving victims can also face significant hardships. They might become caregivers when the victims suffer a debilitating injury. Other times, they lose a loved one. In such cases, our DUI accident victim attorneys in Orange County offer legal guidance to victims and their families.
California Efforts To Decrease Drunk Driving
California, like other states, has taken steps to deter drunk driving. California Vehicle Code 23152 makes driving a criminal offense with a blood alcohol content of 0.08 percent or higher. The law has a zero-tolerance policy for anyone under 21. Essentially, anyone under 21 who drives with any alcohol in their system can face criminal penalties. The person can be subject to fines, loss of license, and jail time.
Orange County has taken several steps and allocated resources to deter DUIs. Many resources are geared toward sobriety checkpoints. These checkpoints have officers who will randomly or with cause stop vehicles. They will then require drivers to submit to breathalyzer tests if they suspect they’ve been drinking and driving. If they fail the breathalyzer test, the officer can confiscate their license and take additional actions.
The DMV may return the license later, which can inconvenience residents who use their vehicles to get around. Getting their license back becomes even more challenging if the person is convicted. It is increasingly difficult if the person is a repeat offender or has taken a breathalyzer test.
California has harsh penalties for drunk drivers. They require all drivers, even first-time offenders, to install an ignition interlock device. The IID will not allow the vehicle to start if it detects a BAC above 0.02 percent. Some newer IIDs can require drivers to pull off to the side of the road to test their current BAC randomly.
California makes it very clear that they do not excuse drinking and driving. If a motorist drinks and drives in Orange County, they can face harsh penalties. Injury victims could gain valuable insights by speaking with DUI accident victim attorneys in Orange County to explore their legal options.
Penalties For Drunk Driving
California follows nationwide standards regarding driving under the influence. They make it illegal for anyone under 21 to drink. Driving with a BAC of over 0.08 percent is also unlawful for any driver. California adheres to national standards for driving under the influence, with penalties that demonstrate the state’s dedication to preventing drunk driving.
First DUI Offense
While first-time offenses are usually lenient, California has the following penalties:
- Up to six months of incarceration.
- License suspension of four months or longer.
- Three months of DUI school.
- Three to five years on DUI probation.
- Fines and DUI fees are upwards of $3,600.
- Installation of an ignition interlock device.
Second DUI Offense
- Up to one year in jail.
- Up to a two-year license suspension.
- Fines and fees reach $4,000.
- Three to five years of DUI probation.
- 18 or 30 months of DUI school.
- Mandatory installation of the IID on your vehicle.
Third DUI Offense
- 30 months of DUI school.
- Potential three-year license suspension.
- One year in jail or 16 months in state prison.
- Financial obligations up to $18,000.
- Three to five years of DUI probation.
- Mandatory installation of the IID.
Fourth DUI Offense
- Up to a four-year license suspension.
- Financial commitments up to $18,000.
- Potential permanent license suspension.
- 16 months in state prison.
- Status as a convicted felon.
- 30 months in DUI school.
- Three to five years of DUI probation.
- IID installation.
Standard Charges Related To DUI Accidents
DUI covers a slew of criminal charges. Depending on what the negligent driver has done, they can be charged with the following:
- DUI causing injury.
- Fleeing the scene.
- DUI causing death (vehicular manslaughter).
- Not having a valid driver’s license or insurance.
- Having a minor under 14 years of age in the vehicle.
Orange DUI accident lawyers can advise you on the potential penalties the negligent driver can face for causing your accident. However, these are the criminal penalties they can face. Arash Law can offer insight into the civil process involving DUI accidents.
What Are Common Injuries From DUI Accidents?
Drunk drivers are responsible for a significant number of accident fatalities. They are also responsible for catastrophic injuries. A high propensity of DUI cases that Orange County DUI victim attorneys see have more severe injuries than in other car accidents.
Some common injuries that our DUI accident attorneys can handle legally in Orange County include the following.
Brain Injury
Some DUI victims sustained traumatic brain injuries. The underlying cause is usually attributed to the speed at which the drunk driver was going. There is also a higher likelihood that it will be a head-on collision. These kinds of collisions often result in serious head injuries due to the intense forces involved in the impact.
Fractures And Broken Bones
Broken bones are common in all types of car accidents. Contributing factors like speed and the angle at which the vehicle is traveling can result in bone fractures.
Shoulder Injury
Shoulder injuries such as impingement syndrome, tendonitis, and rotator cuff tears can arise in car accidents when occupants are thrown against the interior surfaces or subjected to sudden impact forces. These injuries often happen when a drunk driver runs a red light and T-bones another vehicle. The victims in the car are more likely to hit the inside door or other areas of the vehicle, causing shoulder injuries. Our Orange DUI accident attorneys can evaluate the losses sustained by victims who have suffered these types of injuries.
Chest Injury
When airbags deploy, they can lead to various chest injuries. Victims may suffer a collapsed lung, fractured sternum, or fractured ribs.
Herniated Disc
Herniated discs in the back and neck are very common among drunk-driving victims. A herniated disc can impact mobility and might require surgery. In such cases, our Orange DUI accident victim lawyers can assess the long-term impact of this condition.
Lacerations And Bruises
Bruises are common. It can happen when your body hits any aspect of the car. It is common for body parts to strike various interior compartments in the vehicle. Many victims report bruised hips from wearing a seatbelt.
Injuries can vary from case to case. It is vital to seek medical attention and document your injuries. Take pictures of visible injuries and inform your medical team of your symptoms. These documents can serve as evidence in your claim.
Alcohol-Induced Factors Resulting In A DUI Accident
Alcohol impairs drivers in several ways. Common results of this impairment include:
- Speeding
- Blurry or fuzzy vision
- Inattentive driving
- Poor motor skills
- Slower reaction times
- Passing out while driving
Who Is Liable For A DUI Accident?
While the driver is likely liable for your accident and subsequent injuries, the law may apply differently. Various parties can be accountable for DUI accidents in California, and can include:
- The Intoxicated Driver — The drunk driver is the first person liable for their behavior. These parties choose to consume drugs or alcohol before operating a motor vehicle. They are considered intoxicated when they reach a blood alcohol concentration of 0.08 percent or above.
- Hosts — In California, private parties or other get-together hosts cannot be held liable for the actions of impaired drivers when they leave the premises. The social host is immune to liability for their guests. They might be liable, however, if they give alcohol to a minor who causes an accident. Other circumstances may also apply.
- Bars and Restaurant Owners or Staff — Bars and restaurants that offer alcoholic beverages in California can typically not be held liable for a person’s actions after they leave the business. There is one exception. If the bar or restaurant serves alcohol to a minor who drives and causes an accident, they can be liable. Other nuanced circumstances might apply as well.
If you are unsure if someone else might be liable for your accident, speak to qualified Orange DUI accident victim attorneys. Arash Law can work to determine who may be potentially liable for your accident and pay for your losses.
Cuevas v. Salinas Farm Labor Contractor (settled on 2/22/2022) – Settlement involving a woman working as a fruit packer when her hair was caught in a running conveyor belt resulting in severe trauma to her head and scalp, traumatic brain injury, and skull fracture. In addition to this, Arash Law obtained a $14 million settlement on behalf of the client against a 3rd party.– TINA ESHGHIEH
Civil DUI Lawsuits Due To Drunk Drivers’ Negligence
California can prosecute drivers in criminal court for DUIs. However, as the victim of the negligent driver, you have other options. You can pursue monetary compensation for the losses you incur from the accident. Depending on several factors, such as whether the driver has a previous record of drunk driving or was extremely reckless at the time of the accident. In rare cases, the court may also award punitive damages.
You can file a civil claim while the criminal case is ongoing. You do not have to wait for a criminal conviction for DUI or DWI to file a civil lawsuit. Additionally, the level of proof is different in both cases. It is lower in a civil claim than in a criminal case. If the driver is not criminally convicted, they may still be responsible for covering the victim’s damages.
The two cases can get very complex, and legal assistance may be necessary. Consult with our attorneys who provide legal support to DUI accident victims in Orange County. We have the experience and resources to represent you through the legal process.
Types Of Damages Orange County DUI Accident Victim Lawyers Can Help Seek
In a civil claim, you are pursuing compensation for the losses the negligent driver caused you. There are various damages available in DUI claims. What and how much you can pursue will depend on the factors of your accident, like injury severity, liability, insurance policies, and more. DUI accident victim attorneys in Orange County can review your case and seek the following:
- Compensatory Damages — These damages include any monetary damages you suffer, like lost income, medical expenses, property damage, lost earning capacity, and pain and suffering.
- Punitive Damages — Punitive damages are awarded by a jury to punish the driver’s willful disregard for others’ safety. They’re awarded in rare and extreme circumstances. For example, the court may award punitive damages if the at-fault driver has a previous history of DUI.
- Wrongful Death — Under California law, surviving family members can pursue damages if their loved ones die in a DUI accident. The closest surviving relative can file a wrongful death claim. They can seek damages for medical bills, loss of future income, property damage, funeral expenses, mental pain, and loss of care and services.
It can be challenging to calculate these damages alone. It is also difficult to uphold your rights when dealing with an injury. Surviving family members are planning funerals and grieving. The last thing anyone wants to worry about is a legal claim. Arash Law can provide compassionate support during these times.
Why Hire Orange DUI Accident Attorneys?
Working with DUI accident victim lawyers in Orange County can help you understand your options for your potential financial claim. They must have experience with the Orange County Superior Court System. Working with a personal injury attorney focusing on DUIs could be beneficial. You will want to consult with several different attorneys before choosing one. Do your research so you can protect your rights.
Contact Orange DUI Accident Victim Attorneys
After a DUI accident, speak with a knowledgeable and experienced DUI accident injury attorney in Orange. Arash Law, led by Arash Khorsandi, Esq., has years of experience handling these cases.
Our Orange DUI accident victim lawyers cover nearby areas, including Garden Grove, Anaheim, Tustin, Fullerton, Placentia, Yorba Linda, Portola Park, Santa Ana, Westminster, and other locations. Call us at (888) 488-1391 for a free initial consultation.
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