Drunk driving car accidents (or DUI accidents) appear anywhere and can happen to everyone. Each 3rd person has a chance to get into an alcohol-related accident during the lifetime. It is obvious that a driving under the influence accident can result in terrific changes for any person forever. Drunk drivers should be responsible for their actions. If you have a good vehicle accident lawyer, it is possible to hold them accountable for all pain you have endured.
Below, The Margarian Law Firm lawyers will introduce you the main elements of the California Alcohol-Related Accident Laws. Moreover, in the resources of our site, you can find detailed information about California Personal Injury Law.
1. When Does a California DUI Accident Occur?
Driving a vehicle under the influence (DUI) is one of the most common traffic violations in California. Moreover, DUI is the most common criminal charge applying in the state.
A California DUI consists of two charges for breaking the law.
The first is the violation of Vehicle Code section 23152 (a) driving under the influence of alcohol and/or drugs and the second is the violation of Vehicle Code section 23152 (b) driving with a blood alcohol content of 0.08% or higher. All charges are very serious and can result in the loss of your driver’s license and much more.
According to California Vehicle Code (§ 23152(a) (b)), a person is guilty of DUI in California, the prosecutor must prove that the defendant:
a) drove a vehicle;
b) was under the influence of alcohol and/or drugs or with a blood alcohol content of 0.08% or higher(California’s DUI Per Se Law).
If a serious accident occurs and there is an injured person, the driver has a duty to report it to the proper authorities as soon as possible. Mostly, the police check whether the driver has the signs of intoxication. If you or a loved one has been injured or suffered from any DUI accident in California, the most important thing you should do is to file an insurance claim.
2. How Can a California DUI Accident Lawyer Protect Your Rights?
Auto insurance is obligatory to drive a car. But if an accident occurred, it is useless to try to fight the insurance company only by yourself to get the highest compensation you deserve. An experienced and aggressive lawyer can do it much better. Unfortunately, it can even happen that the driver had no insurance or there were more than one person responsible for the accident. In particular, it is difficult to determine who is responsible for the accident, as it can be a result of a combination of errors which have led to the ultimate outcome. However, in most cases the responsible persons are:
- Vehicle operator,
- Vehicle owner,
- Manufacturer of the part of the vehicle,
- Entity executing the maintenance of the railroads or trains.
As a result, all aforementioned situations require the qualified legal assistance of a California personal injury lawyer who is familiar with such proceedings and who possess sufficient resources to investigate your case and get the compensation you deserve.
3. What Kind of Compensation You Can Get After Suffering from a DUI Accident in California
If you have been involved in the unfortunate circumstances and suffered from a DUI accident in California, you may have a right to receive compensation for your losses incurred due to a motorcycle accident, including:
- Loss of wages(such as any reduction in the ability to earn money),
- Medical treatment (both current and future),
- Punitive damages.
The array of expenses which should be covered always depends on the specific circumstances of your case. That is why you need a professional help to get compensation for all your losses.