San Luis Obispo DUI Accident Victim Attorneys
We’ll tell you if you have a case or not, call (888) 488-1391 — We’re here 24 hours a day.
Professional Legal Representation From Our San Luis Obispo DUI Accident Victim Attorneys
When you leave your home to go to work or run some errands, the last thing you expect is to be struck by an intoxicated driver. Despite significant public awareness and community advocacy to prevent these crashes, DUI accidents can still happen. Injured victims can pursue compensation for their injuries and losses. Our San Luis Obispo DUI accident victim attorneys are here to help. Call us at (888) 488-1391 to schedule a free initial consultation.
San Luis Obispo is a city in California located about halfway between the Bay Area and Greater Los Angeles. According to the 2023 census, the city has a population of 49,233. Due to the high volume of people traversing the area, collisions on the road frequently happen, especially if DUI is involved. If you’re injured in one, speak with a San Luis Obispo DUI accident victim lawyer immediately.
Suffering an injury or losing a loved one in a DUI accident has devastating effects on the victim and their families. You’re not alone. Arash Law is here to help you overcome this challenging time and protect your legal rights. Reach out to our San Luis Obispo DUI accident victim attorneys to guide you through the legal process.
Why Consider Our San Luis Obispo DUI Accident Victim Attorneys For Your Claim
Hiring an experienced attorney who has successfully handled DUI accident cases in San Luis Obispo and throughout California can help you pursue compensation based on the extent of your injuries or losses. At Arash Law, we know that bicycle accidents can cause both physical and emotional challenges. We recognize what you and your loved ones may be going through, and our team is ready to support you with your legal needs.
Here are the reasons to consider our San Luis Obispo DUI accident victim attorneys for your claim:
Investigating Your DUI Crash
Your life can turn upside down after a collision. Often, clients seek legal assistance when they suffer severe injuries. Other times, family members take legal action because the victim’s medical condition prevents them from contacting us directly.
Regardless of the situation, once you sign with our firm, our team can investigate the DUI crash. We gather sufficient evidence to understand how the accident happened and identify all responsible parties. We also evaluate the resources that may be available for you.
Negotiating With The Insurance Company
Many claimants believe that getting a fair settlement is a routine occurrence. However, this isn’t always the case. Insurance companies may attempt to dispute claims for various reasons. One way to prevent this is to seek the help of a San Luis Obispo DUI accident victim attorney. Our team can negotiate with the insurance company, using our knowledge and experience, and we can advocate for your rights to seek a fair settlement.
Preparing For Trial
If the insurance company fails to provide a reasonable offer and all other options have been exhausted, our lawyers may consider proceeding to trial with your case. Arash Law has an experienced team of DUI accident victim lawyers with litigation experience. We prepare your case for trial from the outset, ready to present your case information to a judge or jury and advocate for your compensation.
These are just a few reasons to contact our San Luis Obispo DUI accident victim attorneys. We can provide the information you need to make decisions and protect your rights. If any settlement offers come in, we will advise you on the pros and cons.
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.
Attorneys for the defense attempted to dispute the coverage and liability of their insured, but were unsuccessful. We obtained the maximum policy limits for our client.
– ARASH KHORSANDI
Our DUI Accident Victim Lawyers Can Advocate For Your Rights
Victims of DUI accidents have legal rights. Our San Luis Obispo DUI accident victim attorneys understand you expect California courts to hold drunk drivers responsible for their actions. While the state can bring criminal charges against the negligent driver, you have the right to take civil action to seek compensation for your injuries. You can pursue compensation from the drunk driver and any other parties who contributed to the collision.
Our injury lawyers strive to pursue financial compensation for our clients and resolve cases without the need for a trial whenever possible. We strive to resolve your case through settlements to avoid the stress of court appearances. Our DUI accident victim attorneys in San Luis Obispo can advocate for your rights and pursue accountability.
Even if the state decides not to pursue criminal charges, you can still seek compensation through a civil case. Our San Luis Obispo DUI accident victim lawyers can guide you through the claims process and help you understand your rights. Call us at (888) 488-1391 to schedule a free initial consultation.
What Is Intoxicated Driving?
In California, intoxicated driving refers to operating a vehicle under the influence of drugs or alcohol.
Blood Alcohol Concentration (BAC) measures the amount of alcohol in someone’s bloodstream. Police often use breathalyzers to determine BAC. California has different legal limits depending on the driver’s license:
- BAC of 0.08% for drivers over 21 with a standard license.
- BAC of 0.04% for drivers with commercial licenses (like truck drivers or rideshare drivers).
- BAC of 0.00% (no alcohol allowed) for drivers under 21.
Even if a driver’s BAC is legal, they can still be arrested for DUI if they seem impaired. On the other hand, someone showing no signs of impairment can be arrested for DUI if their BAC is at or above the limit.
Driving with any level of drugs or alcohol in your system is highly dangerous. If you are a victim of a drunk driving accident, contact good San Luis Obispo DUI accident victim lawyers.
Our accident attorneys in San Luis Obispo represent victims who have been injured or killed in preventable DUI crashes.
Our personal injury attorneys can negotiate for the appropriate compensation on your behalf, even if your case goes to trial. If you have any questions about the legal process, please don’t hesitate to call us or complete our “Do I Have A Case?” form.
Hurt in a DUI Accident?
Common Injuries In A DUI Accident
Injuries are also prevalent in DUI accidents. Often, the people who suffer the worst injuries are the occupants of other vehicles or unsuspecting pedestrians. The drunk driver usually walks away with less severe injuries than their victims. Injuries in DUI crashes can range from minor to catastrophic. We suggest seeking the medical treatment you need to facilitate your healing process.
Our personal injury lawyers assist DUI accident victims in pursuing damages related to the following injuries.
Spinal Cord Injuries
The impact of a collision can contort your body unnaturally, potentially causing severe damage to the spinal cord. Such injuries can lead to permanent disabilities, including partial or total paralysis, significantly altering your life and incurring high medical expenses.
Traumatic Brain Injuries
High speeds and reckless driving reduce driver reaction times, increasing the risk of collisions. These crashes often involve excessive force, resulting in violent blows to the head. This can result in victims losing consciousness, falling into a coma, or experiencing long-term cognitive, emotional, and motor deficits.
Disfigurement
During car accidents, objects in the car and vehicle parts can fly about the cabin, and glass and metal can cause deep cuts and lacerations. Sometimes, the crash can start a fire, resulting in burns. These injuries can lead to scarring or disfigurement.
Amputations
DUI accidents often cause severe vehicle damage, resulting in traumatic injuries. In some cases, these injuries may require limb amputation, either as a result of the accident or through surgical intervention. Adjusting to life with a disability is challenging and costly, requiring extensive treatment and adaptation to new ways of accomplishing tasks.
Internal Injuries
The force of a collision can cause internal injuries, such as damage to organs, internal bleeding, and ruptured blood vessels. These injuries can be life-threatening and require immediate medical intervention.
Fractures & Broken Bones
The violent impact of a DUI crash can lead to broken bones, such as fractures in the arms, legs, ribs, and pelvis. These injuries can cause significant pain and may require surgery and extensive rehabilitation.
Soft Tissue Injuries
These injuries include damage to muscles, ligaments, and tendons. Whiplash is a common soft tissue injury that occurs when the neck is suddenly and forcefully jolted back and forth. These injuries can lead to chronic pain and reduced mobility.
Psychological Trauma
Beyond physical injuries, victims of DUI accidents often suffer from psychological trauma, such as post-traumatic stress disorder (PTSD), anxiety, and depression. These emotional injuries can have long-lasting effects on a person’s quality of life.
These are just a few examples of injuries caused by DUI accidents. However, no matter how serious the injuries are, you must seek medical and legal help.
What Damages Can DUI Accident Victims Claim?
What does a settlement cover? Many victims have this question, and the answer often impacts their future decisions. The truth is that every case is different. Several factors influence your case value, with the severity of your injury being the most significant.
In general, a DUI accident victim in San Luis Obispo can pursue compensation for losses such as:
- Medical expenses related to injuries
- Repairs or replacement fees for any damaged property.
- Lost income, work benefits, and other similar losses.
- Loss of future earning potential
- Loss of enjoyment of life and strain on personal relationships.
- Household services you may require to accomplish day-to-day activities.
- Pain and suffering, like emotional anguish or physical discomfort.
The severity of your injuries significantly impacts the amount you can file a settlement case with. This explains why settlement amounts vary from case to case. Another key factor is the ability to collect compensation. Even if your case has a high potential value, insufficient resources from the at-fault party can affect your claim. Exploring different avenues, like holding multiple parties liable, can increase the value of your case.
Recovering compensation for a DUI accident injury claim is complex. Call us at (888) 488-1391 for a free initial consultation with one of our San Luis Obispo DUI accident victim attorneys.
Liability For DUI Accidents
The law states that any person who is careless or intentionally reckless and then harms another person is legally liable for the resulting damages. However, this process is not automatic. Injury victims must show through an insurance claim or lawsuit that the other party is negligent and, therefore, legally liable. The basis is simple: a person was careless and caused your injuries. Consequently, they should compensate you for the harm they inflicted.
Typically, in these cases, the drunk driver has legal liability, but they are not the ones who will pay you directly. Their insurance company is responsible for paying out any claims resulting from the insured’s actions. The insurance company has a legal obligation to compensate you for your losses. However, they will consistently find loopholes and ways to lower claims. This way, they meet their responsibility while still saving money.
Additional Liable Parties
While the drunk driver is in the spotlight for paying your damages, many victims do not realize that other parties can also be legally liable. These entities may be co-defendants in your injury case.
Insurance carriers have policy limits. So, if they approve your claim, they can only pay your damages up to those limits. However, when multiple entities are responsible, they can use their policies to compensate for differences.
Various claims can involve multiple responsible entities. Some examples include:
Commercial Drivers
When a commercial driver is responsible, their employer may also be held liable. Their insurance policy can be responsible for paying your losses. The reason is that under a legal doctrine known as respondeat superior, employers are responsible for their employees’ actions as long as they are within the scope of their employment. Sometimes, an employer can be held directly liable for a DUI accident. This can happen if they knew or should have known the employee would drink and drive.
Bars Or Restaurants
Another typical example is when a minor is involved. While many states have dram shop laws, California only applies this premise to minors. The bar or restaurant serving them can be liable if the driver is under the legal drinking age. Any party that serves alcohol to a minor can face legal repercussions. It does not matter if the minor appears to be drunk. If the establishment knows the person was underage and served them, they are responsible for any harm committed.
These are just a couple of examples of situations with multiple responsible parties. It is important not to lose hope after a DUI collision. Many victims think they have no shot at getting compensation. However, DUI accident victim attorneys in San Luis Obispo agree that a case evaluation is necessary after every crash.
Even if the driver is uninsured or in jail, you may still have legal options for pursuing compensation. Other parties can share liability and, therefore, open up an avenue of compensation for you. Schedule a consultation to speak to the San Luis Obispo DUI accident victim lawyers from Arash Law, and let us help you seek compensation for the injuries and losses you endured.
How To Demonstrate Negligence In DUI Accident Claims
Drunk driving accidents might seem straightforward, but identifying who’s at fault can be complicated. To handle a case based on negligence, you need to demonstrate these four elements:
- The driver has a duty to drive safely.
- They breached that duty by driving drunk.
- You suffered injuries as a result of their negligence.
- Your injuries resulted in damages, such as medical bills or lost wages.
Our San Luis Obispo DUI accident lawyers strive to pursue fair compensation for your DUI-related injuries. We also help the families of victims who died because of a DUI crash file a wrongful death suit. While money cannot bring back a loved one or fully heal your injuries, we aim to alleviate financial concerns so you can focus on your well-being and rebuilding your life.
What Evidence Is Needed For DUI Accident Lawsuits?
To address a DUI accident lawsuit and seek the proper settlement for your case, you need strong evidence to show that the other driver caused the crash. Our San Luis Obispo DUI accident victim attorneys can help you gather and present valid evidence to establish a strong case.
Here are some key types of evidence that can help:
- Evidence used in a criminal DUI case against the driver.
- A conviction for DUI against the driver who caused the accident.
- Witness statements
- Photos of the damage from the accident
- Police report from the accident scene
- Any records of the drunk driving arrest
California is a pure comparative negligence state, which allows plaintiffs to receive a share of liability for the accident if they are found partially at fault. This may reduce the compensation they may receive. Our experienced attorneys can handle this issue by gathering evidence that manifests the drunk driver was entirely at fault. After a DUI accident, let us help you protect your legal rights and financial interests.
What To Do After An Accident With A Drunk Driver
After a DUI collision, the shock and confusion can make it hard to think clearly. Our San Luis Obispo attorneys who’ve handled DUI accident cases before recommend these steps to prioritize your safety and protect your legal rights:
- Seek Medical Attention Promptly — See a doctor even if you feel okay. Get a thorough medical evaluation and document any injuries, no matter how minor. Some injuries, like whiplash, may not present symptoms for days or weeks. A medical report will be vital evidence.
- Call the Police and Report the Accident — The police will create an official accident report documenting the scene, collecting witness statements, and noting the drunk driving. This report will be critical evidence in any legal proceedings.
- Gather Evidence With Photos — Take detailed pictures of the accident scene from multiple angles. Capture the damage to your vehicle, any sustained injuries, and the surrounding area, including traffic signals or skid marks. Visual evidence strengthens your claim significantly.
- Secure Witness Information — If there are witnesses, politely ask for their names and contact details. Their statements can verify and support your account of events.
- Document Everything — Exchange information with the other driver(s) involved, including names, phone numbers, license plate numbers, and insurance details. Take note of the make, model, and color of their vehicle.
- Don’t Discuss the Accident — The at-fault driver’s insurance company may contact you. Do not sign any documents or make any statements regarding the accident. Politely decline and advise them to speak with your attorney.
- Call an Attorney — Our experienced San Luis Obispo DUI accident victim lawyers can guide you through the legal process and help you pursue fair compensation for your injuries and other damages.
December 2016: $22M+ verdict in a mild traumatic brain injury case. The entire details of the case can be found in the public record filings by the defendant entity that sued its defense attorneys and insurance carrier after the verdict. [Read court documents]
– BRIAN BEECHER
Is There A Deadline For Filing A Drunk Driving Claim Or Lawsuit?
Yes, there is a deadline for filing a claim or lawsuit for damages after a DUI accident in California. This legal restriction, known as the statute of limitations, mandates that you file your claim or lawsuit within two years of the crash date. If you miss this deadline, obtaining compensation for your injuries can become difficult and sometimes impossible.
In certain cases, the statute of limitations might be “tolled,” indicating that the time limit is temporarily suspended. This can happen for several reasons, including the plaintiff being a minor, suffering from mental incapacity, or the defendant deliberately hiding their identity or location. On the other hand, some statutes may establish shorter notice periods, such as those related to claims against government agencies.
DUI Accident Statistics
In 2021, San Luis Obispo saw 1,454 people injured or killed in traffic accidents. This number included 226 victims of either an injury or fatality in alcohol-involved crashes, according to the California Office of Traffic Safety (OTS).
Additionally, 1,069 people died in DUI car crashes in the Golden State in 2022. Alcohol contributed to 30% of all traffic fatalities statewide that year, emphasizing the alarming frequency of alcohol-related accidents.
Nationwide, the CDC reports that approximately 29 people lose their lives daily due to incidents involving drunk driving. Annually, more than 10,000 people die due to alcohol-impaired driving across the United States.
Frequently Asked Questions
How Does Alcohol Influence Reaction Time When Driving?
Even with a blood alcohol concentration (BAC) below the legal limit of 0.08%, alcohol negatively affects reaction time while driving. The more alcohol a person consumes, the slower their reaction time becomes, which increases the risk of accidents. Drivers under the influence of alcohol may:
- Drift Into Other Lanes — Impaired coordination and concentration make maintaining a steady lane position challenging. This can lead to side-swiping other vehicles or veering off the road.
- Lose Control of Their Vehicle — Reduced reaction times and impaired motor skills increase the likelihood of overcorrecting or making abrupt maneuvers. These actions can cause the vehicle to skid, spin, or rollover.
- Fail to Respond to Sudden Situations — An intoxicated driver may not be able to react swiftly to a car cutting them off, an animal crossing the road, or a traffic light changing from green to red. Delayed reactions can lead to rear-end collisions, hitting animals or pedestrians, and running red lights.
How Long Does A DUI Case Take?
The average DUI case will take several months or even years to resolve. However, several factors can affect the duration. These include the seriousness of the offense, the place where it occurred, and whether the defendant has legal representation.
Misdemeanor DUI cases are generally resolved more quickly than felony DUI cases. This is because felonies are typically more serious offenses that require more extensive investigation and may result in a trial. Misdemeanor cases, on the other hand, are usually handled through plea bargaining and do not require as much time for discovery and trial preparation.
What Factors Determine Potential Damages In A DUI Accident Lawsuit?
A DUI accident lawsuit may result in substantial damages, depending on the extent of the injuries, property damage, and insurance coverage. While California mandates liability insurance, the minimum coverage may not be sufficient in the event of a serious accident. In cases where damages surpass the responsible driver’s policy limits, the injured party can pursue further compensation through litigation.
Can I Sue After A DUI Accident If I'm An Undocumented Immigrant?
As an undocumented immigrant residing in California, you have the legal right to pursue a personal injury claim for injuries sustained in any accident. Your immigration status does not affect your ability to seek compensation from those responsible. If your relative dies in an accident, you can also file a wrongful death lawsuit, regardless of your or the deceased’s immigration status.
How Much Does A DUI Accident Victim Attorney Cost?
Most DUI accident victim attorneys, including our team at Arash Law, work on a contingency fee basis, meaning you won’t be charged for up-front fees unless compensation is obtained. However, you may still be responsible for certain case-related costs or court expenses, regardless of the outcome. During your free initial consultation, our attorneys will explain the fee structure and any potential costs.
Call The DUI Accident Victim Attorneys San Luis Obispo Relies On
You may be wondering, “Do I need a personal injury attorney?” following a DUI-related accident. It is generally advisable to consult with an attorney, especially if you are unfamiliar with the legal process, as they can help you understand your rights and options. Our San Luis Obispo DUI accident victim lawyers can assist you in pursuing an appropriate settlement for your claims.
We can construct a compelling case on your behalf based on the knowledge of the legal system and understanding of the laws governing personal injuries.
Arash Law’s DUI accident victim lawyers in San Luis Obispo can guide you through the filing and requirements for your case. We handle legal tasks and administrative duties to minimize disruptions to your case’s progress, allowing you to focus solely on your health treatment. Call (888) 488-1391 and schedule a free initial consultation.
Our San Luis Obispo attorneys also handle claims for accidents involving Uber, trucks, hit-and-run incidents, and bicycle collisions. We represent clients across California, including Chorro, Santa Margarita, Seven Oaks Ranch, Baywood-Los Osos, Avila Beach, Verde, Edna, Montana de Oro State Park, and Morro Bay.
