San Jose DUI Accident Victim Lawyers
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San Jose DUI Accident Victim Lawyers Are Your Dedicated Advocates After An Injury
Did you or a loved one get hurt in a DUI crash? Our skilled San Jose DUI accident victim lawyers can help you understand your legal rights. Our team at Arash Law offers a free initial consultation to help you decide what steps to take following such an accident. Call (888) 488-1391 to schedule a free, no obligation first consultation.
As the largest city in Northern California, San Jose has many attractions that make it one of the most popular metropolitan areas in California. Home to approximately 1 million people, the city of San Jose is the third most populous urban center in California. Only Los Angeles and San Diego are more populous than San Jose. Situated on the San Francisco Bay, the city of San Jose rests in the middle of the Santa Clara Valley.
Santa Clara County is one of the wealthiest counties in the nation. The city of San Jose is the central part of the San Jose-Sunnyvale-Santa Clara Metropolitan Statistical Area. This metropolitan area contains approximately 2 million people. The other large metropolitan areas near San Jose include the San Francisco Bay Area and the San Jose-San Francisco-Oakland Combined Statistical Area.
Intoxicated drivers cause automobile accidents that result in serious bodily injury and death. Families in San Jose potentially face the loss of their loved ones when their lives are affected by a drunk driver. It only takes a moment for a drunk driving accident to occur, but the consequences may inflict emotional pain, psychological suffering, and physical injuries on victims. The negligent actions of intoxicated drivers can make a significant impact on their lives.
Although the legislature has passed laws that attempt to reduce the number of drunk driving accidents in California, drunk drivers still cause many automobile accidents across the state. The criminal defendant who caused the drunk driving accident faces criminal charges brought by the state. Meanwhile, other drivers and passengers may resort to civil law to seek financial compensation for their injuries.
Drunk driving accidents can cause innocent victims to suffer serious bodily injury or death. These types of accidents appear to be increasing in California. However, many drivers still choose to drive their automobiles after they have consumed alcohol. The California Office of Traffic Safety provides reports and studies concerning alcohol-related automobile accidents in California. Deaths due to drunk driving accidents rose by 16% from 2015 to 2016, amounting to more than one thousand deaths a year. California law enforcement officers arrested 141,372 people for driving under the influence of alcohol in 2015.
The survivors of these accidents could face financial insecurity, emotional turmoil, and physical disability. The National Highway Traffic Safety Administration reports that in 2017, approximately ten thousand people died due to drunk driving accidents, which amounts to one fatality every fifty minutes. Out of this total, 1,120 of these fatal accidents happened in California.
Around a third of all deadly automobile accidents concern individuals who have ingested alcohol. Statistics demonstrate that approximately two out of ten U.S. citizens will be a participant in a drunk driving accident during their lifetime. MADD (Mothers Against Drunk Driving) considers drunk driving a violent criminal offense. Although criminal courts can punish guilty defendants, these cases do not provide monetary compensation to the victims of drunk driving accidents.
MADD conducts research studies related to drunk driving accidents in the United States, focusing on cases involving drivers with a blood alcohol content of 0.08 or higher, which is the legal limit for intoxicated driving in California. The study shows that even a blood alcohol content of 0.04 to 0.06 can cause significant impairment. Most drunk drivers operate an automobile about eighty times before they are ever arrested. That is why drunk driving and impaired driving must be taken seriously by all members of our society, including bicyclists, pedestrians, and motorists. They are all at risk of suffering severe bodily injury or death due to the actions of intoxicated drivers.
It usually takes four alcoholic drinks to raise a person’s blood alcohol content to 0.08. However, even a relatively small amount of alcohol can affect a person’s ability to operate an automobile. Slowed reaction time is one of the most dangerous elements that makes intoxicated driving such a dangerous activity. Those who are inebriated may experience blurry vision, loss of balance, impaired coordination, and slurred speech.
Drivers who have had only a few alcoholic beverages may be unable to detect dangerous conditions on the road. If a driver becomes intoxicated, they may engage in dangerous behaviors such as speeding, swerving out of their lane, failing to follow traffic signs, and veering over the dividing line in a roadway.
It is necessary to report any drunk driver who strikes your automobile while you are driving. Drunk drivers should not flee an accident scene and escape responsibility for their actions. Our San Jose DUI accident victim lawyer can help you decide how to proceed in a civil case against the intoxicated driver who caused you to suffer injuries. Depending on the specifics of your case, you may be able to seek financial compensation for your injuries as well as your lost earnings, pain & suffering, and property damage through the guidance of our San Jose DUI accident victim attorneys at Arash Law. Contact (888) 488-1391 to schedule a free initial consultation.
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
Initiating A Civil Lawsuit After Suffering Injuries In A Drunk Driving Accident
Driving under the influence of alcohol is a crime that can lead to the loss of a driver’s license, monetary fines, and jail time. However, the state does not provide financial compensation to accident victims for their injuries. You may be able to seek monetary compensation for your injuries with the help of San Jose DUI accident victim lawyers by filing a civil lawsuit against the driver who caused the accident.
The following elements are important to any civil lawsuit:
- The burden of proof in a civil lawsuit is a “preponderance of the evidence” standard, not the “beyond a reasonable doubt” standard associated with criminal cases.
- Even if the intoxicated driver is not punished criminally, you may still be able to pursue financial compensation by demonstrating that the drunk driver engaged in negligent conduct.
The Procedures Related To Civil Lawsuits
The initial step in a civil lawsuit is filing an insurance claim with the other driver’s insurance company. All drivers are required to carry automobile liability insurance in California. Negotiations will likely be necessary if you choose to counter the settlement offers you receive from the at-fault party’s insurer.
You can file a complaint and initiate a legal action if these settlement negotiations prove unproductive. San Jose DUI accident victim lawyers can help you understand all the details that make these cases complex.
The following are some of the types of damages injured victims may be able to pursue in a civil lawsuit:
- Property Damage — If you have insurance, your insurance company will play a role in this process. You need to be prepared to present automobile repair bills and other forms of documentary evidence to substantiate your property damage claims.
- Lost Earnings — You may have lost the ability to work at your former place of employment due to the nature of your injuries. You may no longer be eligible to work in your chosen field due to temporary or permanent disability. It is possible that your injuries will prevent you from working for the remainder of your life. You may be able to include lost earnings as part of your damages in a DUI accident case. Expert witnesses usually calculate lost future earnings by assessing your potential lifetime earnings.
- Loss of Consortium — A spouse may be unable to experience the companionship and society of their partner due to the nature of their partner’s injuries. The injured victim may be unable to enjoy hobbies with their spouse or engage in other activities. A spouse may have to take on more household chores and lose out on the support provided by their spouse. In these and similar scenarios, the spouse of an injured victim may be eligible to add loss of consortium as part of their claim.
- Pain and Suffering — Non-economic damages are generally not quantifiable. Emotional pain and physical suffering are two primary components of non-economic damages. Physical and emotional trauma may make it difficult for an injured victim to experience joy and happiness. Post-traumatic stress disorder could cause nightmares and depression. Some injured victims may feel unsafe and become afraid to leave their homes. Disfigurement and amputations might leave accident victims ashamed to be seen by others.
- Past and Future Medical Bills – Injured victims who suffer injuries may end up accruing numerous medical bills. Medical treatment is expensive, and it is important to understand how medical bills can increase over time. Many individuals injured in DUI accidents may have to undergo physical therapy and rehabilitation. Sometimes accident victims suffer traumatic brain injuries or spinal cord injuries. In these cases, it is possible for lifelong medical care to be necessary to enable the injured victim to live their life.
Evidence Of Criminal Conduct In DUI Accident Cases
Driving under the influence of alcohol is a crime in California and the rest of the United States. Whether the responsible party is charged with a crime and sentenced depends on the outcome of the criminal proceedings, including their plea and the court’s decision. These criminal defendants will not be held accountable under civil law. Injured victims themselves must bring civil lawsuits against the responsible party to seek financial compensation for their injuries.
Even if a criminal defendant is sentenced for a DUI offense, it is not certain that the driver will be ordered to pay restitution. A civil lawsuit enables injured parties to seek monetary compensation from parties who cause them to suffer injuries. Understanding how lawsuits in civil court work can provide insight into the claims process and what to expect in a civil case.
The following types of evidence commonly presented in a criminal case may also be relevant to a civil lawsuit:
- Conviction — A DUI conviction may be relevant in a civil lawsuit, as it can serve as evidence of the defendant’s negligence. In California, pure comparative negligence laws apply, and the degree of responsibility assigned to each party can affect the amount of compensation that may be pursued.
- Testimony — Testimony is an important form of evidence in a civil lawsuit. Evidence of wrongful conduct from a criminal case may also be considered in a civil lawsuit, provided it is admissible under the rules of evidence. Understanding how these rules apply can provide helpful context for a DUI accident case.
- Traffic Collision Reports — Police officers generate traffic collision reports after an accident. These reports can be used by San Jose DUI accident victim lawyers to support a case, as they may include details such as the administration of field sobriety tests and observations made at the scene.
Injuries In Drunk Driving Accidents
It is impossible to predict what an intoxicated driver will do while on the open road. Many of these drivers may black out and lose consciousness while driving. All drivers who come into contact with a drunk driver may not know how to respond to this type of conduct. Accident victims often do not have time to react to a drunk driver because these accidents occur in a matter of seconds. The following are some of the most common injuries suffered by victims in DUI accidents:
- Bone fractures
- Temporary or permanent paralysis.
- Severe burns
- Amputations
- Disfigurement
- Facial lacerations
- Traumatic brain injuries
- Spinal cord injuries
- Whiplash
Drunk driving accidents can cause victims to suffer serious bodily injury or death. Physical therapy, rehabilitation, and other forms of treatment may be necessary to help the victim heal from their injuries. Sometimes, accident victims may be unable to work for the rest of their lives.
Traumatic Brain Injuries
Automobile accidents involving inebriated drivers may cause injured victims to suffer traumatic brain injuries. Many drunk drivers may not understand how fast they are traveling. Also, these drivers may pass through traffic signs without stopping. A frontal collision could cause injured victims to suffer traumatic brain injuries. The following are common symptoms of traumatic brain injuries:
- Mood variations
- Insomnia
- Sleeping excessively
- Loss of memory
- Nausea and dizziness
- Migraines
- Loss of consciousness
A traumatic brain injury may not produce immediate discernible symptoms. It is possible that symptoms will become more noticeable during the weeks and months after the date of the incident. If a traumatic brain injury is not diagnosed, then it is possible that medical complications will become more serious as time passes.
Intoxicated Drivers And Pedestrian Accidents
The National Highway Traffic Safety Administration reports that California leads all other states in the country in the total number of pedestrian fatalities. The Fatality Analysis Reporting System demonstrates that approximately seven thousand fatalities due to pedestrian accidents were recorded in California from 1997 to 2005. Over a thousand more pedestrian accidents did not result in any individual’s death. About twenty percent of all these pedestrian accidents were the result of a driver who was intoxicated at the time of the accident.
Drunk Driving Accidents And Wrongful Death Cases
The National Highway Traffic Safety Administration reports that in 2005, alcohol intoxication was a major factor in thirty-nine percent of all automobile fatalities in the United States. Also, alcohol was a major factor in forty percent of all fatal automobile accidents in California. This loss of life may have been avoided if drivers had not driven while under the influence of alcohol.
Drunk driving is a serious offense, and it is necessary to remember that this single act can cause serious damage and emotional pain in the lives of innocent victims.
Intoxicated Drivers And Injured Bicyclists
It may be hard to see bicyclists while traveling on roadways in California. It can be particularly difficult to see bicyclists at night. Intoxicated drivers may not see a bicyclist at all until it is too late. Many inebriated drivers cannot multitask, and it is possible that a driver may be too intoxicated to know that they have struck a bicyclist.
The National Highway Traffic Safety Administration reports that intoxicated drivers were a factor in approximately thirty-seven percent of all bicyclist fatalities in 2008. In some cases, drunk drivers may face both criminal penalties and civil liability due to their irresponsible actions.
San Jose And DUI Accidents: Frequently Asked Questions
The following are some of the most frequently asked questions regarding DUI accidents in San Jose, California. Being informed about these types of accidents can help you understand your legal rights in a civil lawsuit. Our San Jose DUI accident victim lawyers can also offer personalized guidance during a free case review.
What Is A DUI Offense?
Driving under the influence of alcohol is a criminal offense in California. The legislature has made it a priority to be serious about punishing those guilty of driving while under the influence of alcohol. Law enforcement officers use field sobriety tests and breathalyzer tests to see if a driver is under the influence of alcohol. In some circumstances, blood tests are used to assess a driver’s blood alcohol content.
The California Vehicle Code sets the following blood alcohol content percentage limits:
- 0.04 is the limit for rideshare drivers and taxi drivers.
- 0.01 is the limit for a driver younger than 21 years of age.
- 0.04 is the limit for an individual with a Class A or Class B driver’s license (these are usually commercial license holders).
- 0.08 is the limit for automobile drivers in California.
Blood alcohol content levels that rise above these limits will result in criminal liability for the driver. These drivers can be arrested and charged with driving under the influence of alcohol.
Do I Need To Retain The Services of San Jose DUI Accident Victim Lawyers?
Law enforcement officers should arrive at the scene of a DUI automobile accident. After emergency personnel assess all the injured parties, law enforcement officers will assess whether the driver who caused the accident is under the influence of alcohol. If the driver’s blood alcohol content is over the legal limit, the driver will be arrested and charged with driving under the influence of alcohol.
When an individual is charged with driving under the influence of alcohol for the first time, it is typically a misdemeanor offense. The consequences associated with this crime include jail time, probation, monetary fines, and loss of driving privileges. These penalties may be more severe if a victim suffers serious bodily injury or death. DUI laws are designed to prevent people from committing these offenses and to save lives.
The criminal courts will not provide financial compensation to those who suffer injuries during a DUI accident. Our San Jose DUI accident victim lawyers at Arash Law assist clients in pursuing financial compensation for injuries through civil lawsuits. Your damages may include lost earnings, lost earning capacity, pain and suffering, and medical bills. You can thus retain the services of San Jose DUI accident victim lawyers if you’d like assistance with pursuing compensation in this scenario.
Will An Intoxicated Driver Be Convicted of Driving Under The Influence of Alcohol If Their Blood Alcohol Content Is Lower Than The Legal Limit?
Possibly. A law enforcement officer may determine whether or not a driver is under the influence of alcohol if the driver’s blood alcohol content is lower than 0.08. After conducting a field sobriety test, the law enforcement officer may decide whether to arrest the driver, depending on how the driver was operating their vehicle. A driver with a blood alcohol content lower than 0.08 can still be arrested and charged with driving under the influence of alcohol. You can bring these facts up in a civil lawsuit.
What If The Criminal Case Against The Intoxicated Driver Was Dismissed?
Courts may dismiss a driving under the influence case for many different reasons. Constitutional violations, faulty testing methods, and procedural issues regarding the police investigation may all be relevant to a court’s determination. You may still be able to proceed with a civil lawsuit against the driver through the guidance of San Jose DUI accident victim lawyers, even if criminal charges are dismissed.
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
Which Parties Can File Claims Against An Intoxicated Driver?
Most civil claims are brought by the driver and passenger of the vehicle struck by the drunk driver. Below are individuals who may also be eligible to bring legal claims against the intoxicated driver:
- A bystander who is a relative of the injured victim.
- The partner or spouse of the injured victim.
- The family members of the individual who died in the automobile accident.
- A passenger who was inside the intoxicated driver’s automobile.
These factors can be relevant to any civil lawsuit involving a drunk driver. Experienced San Jose DUI accident victim lawyers can help you understand the facts of the case and learn which legal claims may be relevant to a civil lawsuit.
Which Parties Pay For My Losses And Injuries?
If the intoxicated driver has liability insurance, you may be able to file a claim against their insurance company for your injuries. Depending on the circumstances, other parties may also be liable for damages. For example, if the drunk driver was operating another person’s vehicle with permission, the vehicle owner may be held responsible for injuries resulting from the accident.
If a drunk driver caused the accident while participating in an event sponsored by their employer, the employer may be found liable for your injuries. It is necessary to assess all the facts of a case to understand which parties may be held liable for a victim’s injuries. Our San Jose DUI accident victim lawyers work to identify potentially liable parties and help you seek accountability for their negligent behavior.
Will Insurance Companies Assess DUI Accidents Using Their Own Criteria?
The answer to this question is complex. An insurance company will assess your claim like they do other claims. Representatives may analyze your medical bills, injuries, and lost earnings figures. However, their investigations might not include the pain and suffering you experienced as a result of your injuries. If a case is not resolved through a settlement agreement, the case may proceed to court. If a case goes to trial, a jury considers the evidence and arguments presented by all parties, including those from San Jose DUI accident victim lawyers.
Our San Jose DUI accident victim attorneys can deal with insurers and will consider all the elements that could influence the outcome of a DUI accident case. While you recover from your injuries, we may handle the complexities of settlement negotiations and offer clear legal guidance. If you have a valid claim, we can help you file a civil lawsuit within the statute of limitations. Many factors can have a lasting effect on your case. Reaching out to our San Jose DUI accident victim lawyers at Arash Law may help you address legal matters and maintain relevant documentation.
Reasons To Work With Experienced San Jose DUI Accident Victim Lawyers
Managing a civil lawsuit while recovering from physical and psychological injuries can be challenging. Understanding your legal rights and the available options for seeking compensation can be an important part of the recovery process.
Dealing with insurance companies can be overwhelming, but you can always seek the assistance of San Jose DUI accident victim attorneys. Settlement offers may not always reflect the full extent of your losses, or a claim may be disputed. These issues can arise in any civil lawsuit, and having legal representation may help address them.
DUI accident cases may be more complex due to the involvement of both criminal and civil law. Our San Jose DUI accident victim lawyers can guide you through the process and help you seek a settlement that reflects the potential value of your claim.
Consult With Our San Jose DUI Accident Victim Lawyers
Arash Law is dedicated to assisting injury victims in pursuing a legal claim against negligent parties throughout California. We offer personalized legal support and can advocate for your rights through negotiation and litigation.
Contact Arash Law at (888) 488-1391 or complete our “Do I Have A Case?” form here to schedule a free initial consultation. Our San Jose DUI accident victim lawyers serve throughout California and in the surrounding areas, including Santa Clara, Campbell, East Foothills, Milpitas, Cupertino, Los Gatos, Sunnyvale, Saratoga, Mountain View, Los Altos, Los Altos Hills, Fremont, Newark, Palo Alto, and Stanford.
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