The Centers for Disease Control and Prevention (CDC) has grim news to report about drunk driving. Every day, 29 people in the United States die in accidents that involve an alcohol-impaired driver.
Drunk drivers are a danger to other motorists, passengers, and pedestrians. A person who is under the influence of alcohol may travel well above the speed limit, weave between lanes, run red lights and stop signs, and hit other vehicles, objects, or people. Fellow motorists who try to avoid a collision with a drunk driver may end up striking another car or an object, such as a sign or tree.
If you were involved in an accident caused by a drunk driver, you may have been severely hurt. You may have been taken to a hospital in an ambulance and treated for head, back, and neck injuries, broken bones, internal bleeding, and other serious medical problems. You may have spent days, weeks, or even months in the hospital. If you have been released, you may be recovering at home and visiting a physical therapist or chiropractor regularly, or you may be undergoing treatment in a rehabilitation facility.
Your injuries may have left you in chronic pain, unable to participate in activities you used to enjoy. If you suffered head trauma, you may be having problems with your memory and ability to concentrate. You may be unable to work because of the harm you experienced in the accident, so you must find another way to support yourself and your family. The unexpected medical bills and sudden loss of income can cause great stress for everyone.
A San Jose drunk driving accident lawyer with Ben Crump Law, PLLC may be able to help you file a personal injury lawsuit and seek financial compensation for your losses. Over the years, we have worked to pursue justice on behalf of clients across the United States who were harmed by the actions or negligence of others. Call our team today at (800) 598-7557 to find out if we can help you do the same.
Determining Liability Based on California Law
One of our first tasks will likely be conducting a thorough investigation to understand what led to the crash and who was responsible. We can start by reviewing the accident report. If the police officer who responded to the scene suspected that the other motorist was under the influence of alcohol, the officer may have conducted a test to measure the driver’s blood alcohol concentration. The results of the test should be noted in the accident report.
According to California Vehicle Code (VEH) Section 23152(b), “it is unlawful for a person who has 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle.” If the driver had a blood alcohol concentration above the legal limit, they may have been arrested for driving under the influence. This information can help you pursue financial compensation in a personal injury lawsuit.
The driver may not be the only party that is liable for damages if they are underage. Under California Code of Civil Procedure (CCP) Section 1714, if a social host provides alcohol to a person who then causes an accident that injures a third party, the social host may not be held liable—unless the host provided alcohol to someone under the age of 21. According to California Business and Professions Code (BPC) Section 25602, a person or business that provides alcohol to someone who then causes injuries to a third party may not be held liable. BPC Section 25602.1 does, however, allow a party that served alcohol to an obviously intoxicated minor to be held liable for injuries to a third party.
Therefore, if the drunk driver who hit you was a minor, a San Jose drunk driving accident lawyer may be able to file a lawsuit against the person or business who served alcohol to that individual. Contact Ben Crump Law, PLLC today at (800) 598-7557 to discuss the details of your case.
For a free legal consultation with a drunk driving accidents lawyer serving San Jose, call (800) 598-7557
Potential Compensation for Your Losses
A San Jose drunk driving lawyer can pursue a financial award that covers your costs for medical treatment you have already received as well as future care, lost income, lost or reduced earning capacity, pain and suffering, and more. The other driver’s attorney may argue that your actions or negligence contributed to the collision. For instance, the lawyer may claim that you could have avoided a crash if you had not been distracted by your cellphone.
In that case, we may still be able to obtain compensation for you. Under California’s pure comparative negligence law, a person who was injured in an accident in which they were partly liable may receive a reduced financial award. For example, if we discover that you were 20 percent liable for the collision, any award you may be entitled to can be reduced by 20 percent to reflect your level of responsibility.
San Jose Drunk Driving Accident Lawyer Near Me (800) 598-7557
Contact Us Today
If you were seriously injured in a drunk driving accident, the team at Ben Crump Law, PLLC, may be able to help—but you do not have a lot of time to take action. According to CCP Section 335.1, the statute of limitations to file a lawsuit in a personal injury case is two years. Investigations involving motor vehicle accidents are often complex and time-consuming. Once we have gathered the information, we still need time to build your case and file a lawsuit as well. Contact us today at (800) 598-7557 so we can get started as soon as possible.
If you are facing a stack of medical bills, you may be concerned about legal fees. At Ben Crump Law, PLLC, we understand that people who were injured because of someone else’s actions or negligence and suddenly find themselves unable to work are often in no position to pay for an attorney upfront. This is why we operate on a contingency fee basis, which means you only pay for our services if we win a financial award for you.