In California, a big problem causing car accidents is people driving under the influence of drugs and alcohol. The really frustrating thing is that these accidents don’t have to happen at all. DUI accidents still keep happening, despite a huge amount of public education on the issue, and incredibly strict safety laws that punish offenders.
Whenever and wherever a DUI accident occurs in California, Maison Law is committed to defending your rights. Our team of skilled and caring car accident lawyers in California has a strong history of helping clients receive the assistance and compensation they need following these unfortunate accidents. Don’t wait to take the first step toward your recovery. Contact us today for a free consultation.
Understanding DUI Laws in California
Despite extensive research and widespread awareness campaigns about the dangers of driving under the influence, this problem continues to be a significant issue on California’s roads. In response, lawmakers have a widespread legal framework that endeavors to handle the issue.
Under Section 23153(a) of the California Vehicle Code (CVC), it is illegal for any driver to:
- Operate a vehicle under the influence of alcohol or drugs and, as a result, cause bodily injury to someone else.
While there’s a good understanding of how driving under the influence of alcohol or drugs affects a person’s reaction time, decision-making, and ability to drive safely, many still choose to engage in this extremely risky behavior.
This, in turn, often results in accidents because driving under the influence frequently results in the following:
- Difficulty concentrating
- Drowsy driving
- Slower coordination and reaction times
- Impaired judgment, vision, or hearing
Again, not only is driving under the influence incredibly dangerous, but also can be completely avoided. At the same time, the sheer number of these accidents that are known to happen in California raise questions about what you should do if you’re involved in one.
Steps to Take After a California DUI Accident
Even though a DUI accident is typically more impactful in terms of the damage and injuries they cause to you, the person not under the influence, the actions you take in the aftermath are the same as any other vehicle accident:
- First and foremost, seek immediate medical care – Your health and safety should be your top concern. Call for medical assistance or go to the hospital as soon as possible, even if you think your injuries are minor.
- Call the police – Report the accident to local police. They will document the incident, investigate the drunk driver, and create an official accident report.
- Gather information – Collect essential details, including the drunk driver’s name, contact information, insurance details, and any information from witnesses.
- Collect evidence – Take pictures of the accident scene, your injuries, and vehicle damage. This visual evidence can be valuable evidence later on.
- Notify your insurance company – Inform your own insurance provider about the accident and follow their instructions.
- Maintain records – Keep a record of your medical treatments, expenses, and all communications related to the accident. This documentation is crucial for insurance claims and any potential legal actions.
- Follow your medical treatment plan – Make sure to follow the medical advice and treatment plan provided by your doctor. This is important for your recovery and any potential legal claims.
- Avoid discussing fault – Refrain from discussing fault with the drunk driver or their insurance company. Stick to the facts and report the accident details to your own insurance provider.
- Exercise caution on social media – Be careful not to share information about the accident or your injuries on social media, as this could be used against you.
Remember, it’s essential to take these steps to protect your rights and ensure you receive the necessary support and compensation for your injuries. This is where working with our team is vital. We’ll explain the process and what you need to do to recover much-needed financial support for your damages.
Legal Process After a California DUI Accident
In cases of DUI accidents in California, the responsible party for injuries and damages is typically the person that was illegally operating the vehicle while under the influence of either drugs or alcohol. Still, as with any other accident in California, the legal principle of negligence plays a pivotal role in determining liability.
In general, all drivers are obligated to:
- Use reasonable care when operating their vehicles.
When a driver chooses to drive while intoxicated, they violate this duty of care and may be held accountable for any resulting injuries or damages.
However, liability in drunk driving accidents can extend beyond the driver. Other parties might also share responsibility for the accident, including:
- Social hosts who serve alcohol to someone that’s underage or visibly intoxicated.
- Employers who allow their employees to drive while under the influence.
- Bars or restaurants that continue to serve alcohol to patrons who are visibly intoxicated.
In such cases, these negligent parties may also bear responsibility for the injuries and damages arising from the drunk driving accident. If you or a loved one find yourselves in this situation, our experienced team of California car accident lawyers can assist you in pursuing your legal options.
Claims Process
Determining liability in a California DUI accident is just one part of the equation. The other crucial aspect is taking action to hold the responsible parties accountable, which often involves filing a claim for damages. This can be done by either filing an insurance claim with the at-fault party’s insurance provider or initiating a lawsuit.
While each case is unique, the legal options available to victims of drunk driving accidents include:
- Filing an insurance claim – As a victim of a drunk driving accident, you can submit a claim with the insurance company of the party at fault. This usually involves the drunk driver’s insurance company, but it can extend to establishments like bars or restaurants if the driver was served alcohol there prior to the accident. The goal of an insurance claim is to seek compensation for various losses, including medical expenses, lost wages, property damage, and pain and suffering.
- Filing a personal injury lawsuit – In some situations, you may opt to file a lawsuit against the at-fault driver to recover damages. This might be necessary if insurance coverage is insufficient, or if you’ve experienced particularly severe injuries or damages. The lawsuit process involves our lawyers filing a Complaint in civil court, followed by evidence exchange and ultimately presenting your case to a judge and jury. Our team has extensive experience with this process and can ensure your case is as strong as possible.
These legal options help you seek compensation for your losses resulting from a DUI accident. Whether it’s your health or well-being affected, our team can provide clear guidance on your choices for your unique situation.
Experienced California DUI Accident Lawyers
Obviously, DUI accidents are incredibly dangerous, not only to you but to everyone else on the road. Even though California has legal mechanisms in place that are trying to stop them, they still happen. When this happens to you, it could cause accidents and serious injuries. Maison Law and our team of experienced California DUI accident lawyers can help.
If you or someone you care about has been in one of these accidents, it’s important to get help as soon as possible. Contact us for a free consultation to start your recovery process.
