You cannot control the behavior of other drivers on the road. Every time you get behind the wheel or walk across a busy street, you risk encountering a driver who has chosen, while intoxicated, to travel to another destination. While the dangers of drinking and driving have long been emphasized by governmental bodies on the federal and state level, California has seen increases in the number of alcohol-related vehicular accidents in the past few years, according to the Centers for Disease Control and Prevention (CDC).
If you have been involved in an accident with a driver who was intoxicated, you may be entitled to compensation. A Los Angeles drunk driving accident lawyer working can listen to the details of your case and help you determine the awards you may receive.
That said, California’s statute of limitations, Code of Civil Procedure §335.1, notes that you have two years after the day an accident occurs to file a civil claim. Let Ben Crump Law, PLLC help you by calling (800) 959-1444 today for a free case review.
Drinking and Driving In Los Angeles
California law classifies a driver as intoxicated on the road if her blood alcohol level exceeds the legal limit of 0.08 percent, according to California Vehicle Code 23152. If the party in question drives a commercial vehicle while intoxicated, the upper limits for BAC (blood alcohol level) are even lower, coming in at 0.04 percent. Underage drivers must have a BAC level of under 0.05 percent to avoid being charged with drunk driving.
After an accident occurs, police officers or legal officials on the scene need to test applicable parties BAC to determine whether or not they are intoxicated and to what degree they are intoxicated. It is by establishing these initial facts that the representatives at Ben Crump Law, PLLC and officials within the California court system can classify your accident as a drunk driving accident. If applicable parties refuse to accept testing, they can be charged with negligence on the road as well as with drunk driving in accordance with California Vehicle Code 23612.
Even if the person who initiated your accident cannot be convicted of the crime of driving under the influence (DUI), you can still discuss your legal options with the team at Ben Crump Law, PLLC. An applicable individual may still be open to civil liability suits, depending on the damages our team determines that you may receive.
For a free legal consultation with a drunk driving accidents lawyer, call (844) 638-1822
Work with A Los Angeles Drunk Driving Accident Lawyer
The representatives at Ben Crump Law, PLLC can help you begin to outline your civil drunk driving case by:
Establishing Your Responsibilities and Delegating Fault
While drinking and driving remains a serious offense in California, the state still divides accident liability in percentages between all parties involved. You may be liable for costs after your accident even if you are free of fault, according to California Civil Jury Instructions (CACI) Section 405. Our team can help you assess where you stand in the eyes of the law, what costs you may have to pay, and whether or not you can be compensated for your damages.
Note, too, that DUIs and negligence civil suits tend to overlap. If the law convicts a driver of a DUI in California, this serves as suitable proof of negligence, which may broaden your potential routes for compensation. In a similar vein, you can discuss a case against an individual believed to be intoxicated regardless of what vehicle you were driving at the time of the accident, be it a motorcycle or truck. You have similar rights available to you if you, as a pedestrian, suffered an injury caused by the negligence of an intoxicated driver.
Determining the Facts in Your Case
As mentioned, drunk driving accidents and civil claims require evidence that the driver deemed to be at the most fault was intoxicated at the time of the accident. To determine as much, and to set the scene for the rest of your case, the attorneys with Ben Crump Law, PLLC can assess:
- Police reports detailing BAC at the scene of the accident
- Liability and fault
- Audio and visual footage from the accident
- Party insurance claims
- Medical bills, prescriptions, and need for future services
- Eyewitness testimony regarding the accident
Assessing Your Potential Compensation
With your case established, our team can discuss what types of compensation to which you may be entitled after your accident. Your avenues for awards may include:
- Medical expenses related to the accident
- Future procedures related to the accident
- Physical therapy related to the accident
- Psychological counseling
- Lost wage and earning capacity
- Pain and suffering
- Loss of enjoyment of life
- Loss of limbs or other body parts
- Wrongful death
Preventing Insufficient Claim Offers
Sometimes, the other parties involved in a drunk driving accident may encourage you to settle your claim outside of court. While these agreements can lead to satisfactory conclusions, you may not have the opportunity to explore all of your avenues for potential compensation. In turn, the parties with whom you are negotiating may offer you insufficient settlements.
A Los Angeles drunk driving accident lawyer can represent you in and out of court while also ensuring that the parties involved in your accident do not neglect any damages you may be owed.
Respecting Your Time And Resources
After a drunk driving accident, you will need time to recover from your experience. The team with Ben Crump Law, PLLC will not drain your already-taxed resources. Instead, we work on contingency. You will not be billed for the services you receive through our firm unless and until you receive awards for the damages you endured during your accident. This way, you can focus on getting back on your feet.
Drunk Driving Accident Lawyer Near Me (844) 638-1822
A Los Angeles Drunk Driving Accident Lawyer Can Help You Today
Coping with the consequences of a drunk driving accident requires as much time and attention as you can manage. A personal injury attorney at Ben Crump Law, PLLC can give you the space and mental ease you need to do just that. Our team can take on tough cases and explore your available avenues for compensation after an accident.
Reach out to speak with a member of our team today by calling (800) 959-1444. The call is free and there is no obligation.