San Francisco DUI Accident Victim Lawyers
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Our San Francisco DUI Accident Victim Lawyers Offer Personalized Legal Support After An Injury
While California imposes very strict DUI laws, the truth remains that drunk or drugged driving continues to cause an untold number of deaths and severe injuries every year in the state. If you’ve been injured in a crash caused by an intoxicated driver, our San Francisco DUI accident victim lawyers are here to help. Call Arash Law at (888) 488-1391 for a free, no-obligation consultation.
The San Francisco Chronicle reports that the city has more than 3,000 bars. As such, it is one of the most bar-dense cities in the United States, with a ratio of six bars per 10 households. This fact tied San Francisco with Las Vegas for the highest number of bars in the country, behind only Buffalo, New York. The city also boasts 39.3 restaurants per 10 households, which makes San Francisco the most restaurant-rich city in the nation.
In August 2022, KRON-TV reported that South San Francisco had seen a 62% increase in the number of arrests for driving under the influence (DUI) year-to-date compared to 2021, with 112 arrests, up from 69 the previous year.
In 2015, KRON also reported that a man stopped near Hickey Boulevard and Camaritas Avenue for an equipment violation had a suspended driver’s license and was in possession of drug paraphernalia and a controlled substance believed to be methamphetamine.
The man was also on the California Department of Motor Vehicles (DMV) “DUI Hot List,” a list of drivers with repeat offenses related to DUI. The man’s license was suspended because of two prior DUI convictions, which placed him on the Hot List. This program identifies drivers with multiple two-point driving convictions, multiple DUI convictions, or multiple convictions for driving with a suspended driver’s license.
Many people understand the dangers of driving under the influence, yet impaired driving remains a persistent issue. Despite public awareness, DUI-related crashes continue to occur, putting others at risk of serious injury. Every day, California sees a person arrested for DUI and facing criminal charges. Our San Francisco DUI accident victim lawyers are committed to helping injured victims protect their rights.
Drunk driving is the number one cause of death on American roadways. The Centers for Disease Control and Prevention (CDC) found that in 2020, the highest percentage of alcohol-impaired drivers was among drivers aged 21–24 and 25–34 (26% each).
When a drunk driver causes a motor vehicle accident, other innocent people may suffer catastrophic injuries because of the crash. While the criminal justice system can certainly impose harsh penalties on drunk drivers, victims rely on civil law to pursue financial compensation for their losses.
A drunk driving accident can be a unique kind of personal injury case because drunk driving crashes are often eligible for punitive damages, which are a rare award that California Civil Code § 3294 establishes, requiring clear and convincing evidence that a defendant was guilty of oppression, fraud, or malice.
Malice is defined as conduct intended by a defendant to cause injury to a plaintiff. It also refers to despicable conduct that a defendant engages in with a willful and conscious disregard for the rights or safety of others. Oppression refers to despicable conduct that subjects a person to cruel and unjust hardship, committed with a conscious disregard of their rights. Fraud is defined as the intentional misrepresentation, deceit, or concealment of a material fact by a defendant, with the intention of depriving a person of property or legal rights, or otherwise causing injury.
There may also be drunk driving cases in which an establishment that sold a person alcohol can also be liable for overserving them. Bars or restaurants may be liable under what are known as dram shop laws, while private individuals can also be held liable due to social host laws.
People who are victims of drunk drivers may file a claim for various types of damages in these cases, including several economic and non-economic damages in addition to the aforementioned punitive damages.
If you suffered injuries or your loved one was killed in a car accident caused by a drunk driver, a San Francisco DUI accident victim lawyer can help you understand your legal options. Arash Law has handled many drunk or drugged driving accident cases, and we assist victims in pursuing compensation under the law.
Our client was driving with his wife and son on a two-lane highway when a drunk driver crossed the double yellow lines, causing a head-on collision that claimed the life of a loving wife and mother.– ARASH KHORSANDI
Defining DUI
Driving under the influence (DUI) may refer to driving under the influence of alcohol or drugs. Drugs could be over-the-counter, prescription, or illegal. Drinking, taking medications, sleeping, or other factors may contribute to impairment. Any driver who is deemed too impaired to drive by a law enforcement officer can be charged with DUI.
The California DMV states that it is illegal for a person to drive if they have a blood alcohol concentration (BAC) of 0.08% or higher if they are over 21 years of age, 0.01 % or higher if they are under 21 years of age, 0.01% or higher at any age if they are on DUI probation, 0.04% or higher if they drive a vehicle that requires a commercial driver’s license, and 0.04% or higher if they are driving a passenger for hire.
California’s DUI laws apply to both alcohol and drugs, so it is illegal to drive while under the influence of alcohol or any drug that affects a person’s ability to drive safely. California Vehicle Code § 23152 is the state law establishing that it is a crime for a person to drive a vehicle while they are under the influence of alcohol or drugs.
DUI-related crashes often involve serious injuries and complex legal issues. Some injured parties may hesitate to take legal action or may not be sure of their rights. If you have questions about your options for seeking compensation after a DUI accident in San Francisco, consider speaking with an attorney familiar with these types of cases.
Drunk Driving Statistics In California
According to the annual report of the California DUI management information system, the number of DUI arrests in the state actually declined between 2008 and 2018. In 2008, there were 214,811 total DUI arrests, comprising 5,966 felony arrests and 208,845 misdemeanor arrests. In contrast, 2018 saw 127,437 total arrests. These included 4,919 felony arrests and 122,518 misdemeanor arrests.
There are nearly 100,000 DUI convictions every year, with a conviction rate between 72% and 78%. The DMV also reported that alcohol-involved crashes caused more than 1,000 fatalities every year during the time period and more than 25,000 injuries.
Alcohol-involved crash fatalities represented no less than 31.7% of total crash fatalities and 9.7% of injuries. Drug-involved crash fatalities accounted for as many as 892 fatalities in 2013 and as few as 696 in 2010, while there were more than 3,000 injuries from such crashes in 2015 and 2016, and drug-involved crash fatalities accounted for as much as 28.7% of total crash fatalities and as much as 1.2% of total crash injuries.
The California Office of Traffic Safety (OTS) reported that alcohol-impaired driving fatalities increased 20.0% from 966 in 2019 to 1,159 in 2020. The alcohol-impaired driving fatality rate also increased by 4% during the same time period, accounting for 30% of California’s 3,847 fatalities.
OTS also reported that the number of drivers killed in motor vehicle crashes who tested positive for legal or illegal drugs increased 8% from 42% in 2018 to 50% in 2019. The National Highway Traffic Safety Administration (NHTSA) reports that approximately 37 people in the United States die in drunk-driving crashes, or one person every 39 minutes, and the 13,384 people killed in alcohol-impaired driving traffic crashes in 2021 was a 14 percent increase from 2020.
In the event of a DUI crash, our San Francisco DUI accident victim lawyers provide a personalized legal approach to help you pursue compensation for your pain and suffering and related losses.
Errors Drunk Drivers Make
People who are intoxicated often do not operate as safely as sober motorists. There are several actions a drunk driver can commit that might cause a traffic accident, with common examples including:
- Speeding.
- Failing to obey traffic signals or signs.
- Improper turns.
- Failure to yield the right of way.
- Failure to use turn signals or headlights.
- Not seeing pedestrians.
Common Kinds Of Drunk Driving Collisions
According to the University of California, Berkeley (UC Berkeley), the top five crash types for alcohol-impaired driving fatality and severe injury collisions were as follows:
- Hitting Objects (44.5%)
- Rear-End Collisions (13.5%)
- Broadside Collisions (12.1%)
- Overturned Accidents (11.7%)
- Head-On Collisions (11.2%)
Regardless of the type of crash, individuals injured by an impaired driver may have the right to seek compensation. A San Francisco DUI accident victim lawyer can assess if you may have grounds to file a claim and guide you throughout the legal process.
How Common Are Drunk Driving Accidents In California?
NHTSA also reported that California had the second-highest number of alcohol-impaired driving fatalities in the nation, with 1,159, behind only Texas with 1,495. The percentage of alcohol-impaired driving fatalities among total traffic fatalities in 2020 in California was 30%.
NHTSA reported that California had 3,847 traffic fatalities in 2020, with 1,159 people having BACs of 0.08% or higher (30%) and 765 having BACs of 0.15% or higher (20%). The California Department of Alcoholic Beverage Control (ABC) said NHTSA reported an increase in traffic deaths across the country, with 9,560 people killed in motor vehicle traffic crashes in the first quarter of 2022 and a 7% increase compared to the 8,935 fatalities for the same quarter in 2021.
Our team of San Francisco DUI accident attorneys understands the challenges victims and their families may face after a serious or fatal crash. We can handle the legal aspects of your case, including gathering evidence and communicating with insurance companies, so you can focus on your well-being. In fatal DUI cases, we also assist surviving family members in pursuing a wrongful death claim.
Filing A Lawsuit Against Drunk Drivers For Damages In San Francisco
California’s comparative fault system allows anyone involved in a car accident to file a lawsuit seeking damages even if they are partially at fault. However, any compensation awarded will be reduced according to the person’s percentage of responsibility. For example, if a court awards $100,000 but finds you 40% at fault, your award would be reduced by $40,000, resulting in $60,000.
Our San Francisco DUI accident victim lawyers work diligently to pursue fair settlements on your behalf. Victims can seek compensation for various damages, including:
- Medical Bills
- Lost Income
- Copays or Other Medical Costs
- Medications
- Medical Equipment
- Future Medical Care
- Lost Future Earnings Because of Disability
- Pain and Suffering
- Lost or Reduced Earning Capacity
- Emotional Distress
- Diminished Quality of Life
- Home Modifications
- In-Home Assistance or Care Costs
In some cases, the court may award punitive damages. These damages are designed to punish grossly negligent or reckless behaviors, such as drunk driving. California does not impose a cap on punitive damages, unlike some other states.
It is important to understand the difference between criminal and civil cases in DUI accidents. Criminal cases require proof “beyond a reasonable doubt” for conviction, while civil cases require only a “preponderance of the evidence,” meaning it is more likely than not that the defendant was negligent. Therefore, even if a drunk driver avoids a criminal conviction, they may still be held liable in a civil lawsuit.
With guidance from experienced San Francisco DUI accident victim lawyers, you can explore your legal options to seek compensation for your injuries and losses. At Arash Law, we offer a free case review to help you understand your potential claims.
Damages in DUI cases typically fall into two categories:
- Compensatory Damages — These usually include economic damages, which encompass actual costs that can be proven, and non-economic damages for more intangible losses.
- Punitive Damages — When a driver who causes an accident has a BAC of 0.08% or higher, punitive damages are intended more to punish the driver than reward a plaintiff.
When a loved one is killed in a drunk driving accident, California Code of Civil Procedure § 377.60 allows the following eligible family members to file a wrongful death claim: Surviving spouses, domestic partners, children, and grandchildren when a deceased person’s children are also deceased; any other minor children dependent on the deceased for at least 50 percent of their financial support; and any other party entitled to a deceased person’s property under California intestate succession laws.
Establishing Negligence In A Drunk Driving Accident Claim
After a drunk driving crash, the impaired driver is typically arrested, and that arrest can serve as part of the evidence in a civil injury case. However, establishing negligence involves more than pointing to an arrest. It requires showing how the driver’s behavior fell short of the legal duty to drive responsibly.
Additional evidence may include the driver’s blood alcohol concentration (BAC), field sobriety test results, eyewitness accounts, accident reports, and any other relevant documentation that supports the claim of negligence. The injured party bears the burden of proving that the drunk driver’s actions directly caused the crash and resulting harm.
Our San Francisco DUI accident victim lawyers at Arash Law will gather evidence, review accident details, and consult with witnesses when necessary to help strengthen your case.
How Comparative Negligence Works In California
California follows a “pure comparative negligence” system. This means that even if a person shares some portion of fault for an accident, they can still pursue compensation for their injuries. However, any financial recovery will be reduced by their percentage of fault.
For example, if a claimant is found 60% responsible for the crash, they may still pursue 40% of the total damages. While California law permits these claims, the practical value of pursuing them depends on the extent of fault and available damages.
Negligence Per Se
To prove another person’s negligence, an individual will typically present information that establishes another person’s conduct fell below the applicable standard of care and that their actions were the actual and proximate cause of their injuries. There are cases, however, when a person’s conduct violates a local, state, or federal law, and the inference of negligence is raised to negligence per se.
People can be presumed to be negligent as a matter of law when:
- They violated a statute, ordinance, or regulation.
- The violation resulted in the death or injury of a person.
- The harm caused was the type of harm the statute was designed to prevent.
- The victim was the type of person the statute intended to protect.
Negligence per se often arises in drunk driving accident claims, and the burden will fall on the drunk driver to prove they were not negligent. In most cases, DUI convictions themselves can be introduced as evidence of negligence per se.
Our San Francisco DUI accident victim attorneys handle these matters by carefully evaluating the legal and factual issues that affect your claim and guiding you through your options under the law.
Common Injuries In Drunk Driving Accidents
Even when people are fortunate enough to survive a drunk driving crash, they still suffer major injuries that can lead to several months or even years of rehabilitation. Frequent types of injuries in these cases include:
- Broken Bones & Fractures
- Open Head Wounds
- Whiplash
- Traumatic Brain Injuries (TBIs)
- Spinal Cord Injuries
- Neck Injuries
- Back Injuries
- Internal Organ Damage
- Severe Lacerations or Puncture Wounds
- Amputations
- Crush Injuries
Our San Francisco DUI accident victim lawyers understand the struggles that DUI crash victims face and work to help them pursue compensation for their medical expenses and related losses. They can also connect victims to medical professionals to facilitate appropriate diagnosis and treatment.
Deadline For Filing A Drunk Driving Accident Lawsuit In San Francisco
In California, the standard deadline to file a lawsuit after a drunk driving accident is two years from the date of the crash. This falls under the state’s statute of limitations for personal injury claims. If the accident resulted in a fatality, eligible family members generally have two years from the date of the person’s death to file a wrongful death lawsuit.
There are exceptions that may shorten this time. For example, if a government agency is involved, such as in the case of a public vehicle or a poorly maintained public road, a government claim must be filed within six months of the incident. Minors injured in the accident may also have more time, as the statute of limitations is typically paused until they turn 18.
If injuries were not immediately discovered, the two-year clock may start from the date the injury was reasonably identified, rather than the date of the accident. However, these exceptions are limited, and missing a deadline can result in losing the right to file a claim entirely.
Because deadlines can vary depending on the details of the case, it can be helpful to speak with a personal injury attorney soon after the incident to understand your legal options and preserve your rights to compensation.
Settlement in a motor vehicle accident; client suffered internal injuries.– JUDD ROSS ALLEN
When Drunk Drivers Are Not The Only Responsible Parties
California Civil Code § 1714 establishes that “the furnishing of alcoholic beverages is not the proximate cause of injuries resulting from intoxication, but rather the consumption of alcoholic beverages is the proximate cause of injuries inflicted upon another by an intoxicated person.” This law effectively shields many bars and restaurants from liability for a drunk driving accident, but there are certainly cases in which dram shop and social host laws can come into effect.
Both merchants selling alcohol and private people serving it can be liable when they provide alcohol to a minor under 21 years of age. The key in these cases will be proving that another party knowingly furnished alcohol to a minor.
Dram shop and social host claims can be challenging to prove. In such cases, an experienced attorney can provide valuable assistance. They can help you demonstrate the extent of your harm and seek accountability from all liable parties.
Our team of San Francisco DUI accident victim lawyers will thoroughly investigate your case to assess liability and work diligently to pursue a favorable outcome.
What Is The Average Settlement For A Drunk Driving Accident In San Francisco?
There is no standard or “average” settlement amount for drunk driving accident cases in San Francisco. The value of a claim can vary widely depending on several factors, including the severity of the injuries, the extent of property damage, the availability of insurance coverage, and whether the impaired driver acted with gross negligence. Cases involving long-term medical care, lost income, or wrongful death may result in higher compensation, but each case is fact-specific.
A San Francisco DUI accident lawyer can evaluate the facts of your case, gather evidence to support your claim, and advocate for appropriate compensation based on your losses. They can also handle communications with insurers and negotiate a settlement or prepare your case for trial if needed.
Why Should People Hire San Francisco DUI Accident Victim Lawyers?
Pursuing a DUI accident claim can involve more than simply proving the other party was at fault. Insurance companies may dispute liability or question the extent of your damages, making the process complex and overwhelming. A San Francisco DUI accident victim lawyer can help you manage such challenges and assist with the following:
- Case Evaluation — A lawyer reviews the details of your accident, medical documentation, and insurance policies to help identify the legal options available.
- Evidence Gathering — An attorney may collect police reports, witness statements, video footage, and expert opinions to support your case.
- Communications with Insurance Companies — Your legal counsel can handle correspondence with insurance companies on your behalf. They can help you avoid giving statements or signing documents that could weaken your claim.
- Claim Management and Monitoring Deadlines — Your attorney keeps track of crucial deadlines and submits requirements in a timely manner.
- Demand Letter Preparation — Based on the documentation gathered, your lawyer drafts a demand letter that outlines your damages and the legal basis for your claim.
- Settlement Negotiations — Your attorney can represent you during negotiations with insurance companies, working to reach an agreement that reflects your actual losses.
- Court Representation — If a fair settlement cannot be reached, your lawyer can file a lawsuit and present your case in court, guiding you through each stage of the litigation process.
- Contingency-Fee Structure — Many injury law firms, including Arash Law, operate on a contingency basis, where attorneys’ fees are only collected if compensation is obtained. Other case-related costs may still apply and are discussed before the start of representation.
Speak With Our San Francisco DUI Accident Victim Lawyers
It can be difficult for people to know how to navigate the aftermath of a DUI accident. When you suffer severe injuries or your loved one is killed in any drunk driving crash in the greater San Francisco area, our DUI accident victim lawyers can explain your legal options and represent your interests.
We serve clients in San Francisco and its surrounding areas, including Stockton, Fremont, San Jose, Oakland, and Sacramento. Arash Law serves clients throughout California. If any particular circumstance prevents you from visiting our office in California, our lawyers can meet you at a location of your choosing.
Our firm has years of experience representing drunk driving accident victims. You can call us at (888) 488-1391 or contact us online to arrange a free initial consultation.
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