El Segundo Drunk Driving Accident Lawyer

Understanding California’s DUI Laws

In California, a person can get a DUI charge if they drive with a certain level of alcohol in their blood or if they drive while their ability to drive is affected by drugs or alcohol. It is important to note that under California’s DUI laws, any type of drug, including prescription and over-the-counter drugs, can result in a DUI charge. Although arresting and charging a drunk driver may bring a sense of justice to DUI accident victims and their loved ones, it does not assist victims in recovering financially. Conviction of charges in criminal court is primarily meant to penalize the offender rather than aid the victim(s).

To seek compensation for injuries sustained in a DUI accident, the victim can file a lawsuit in civil court against the driver responsible. However, the victim needs to prove two things to win the case. Firstly, that the driver was negligent – meaning they failed to act with reasonable care. Secondly, that another person was injured because of this negligence. Negligence has four elements that must be proven.

1. Duty: the driver (defendant) owed a duty of care to the victim (plaintiff);
2. Breach: the defendant breached, or violated, that duty;
3. Causation: this violation was the proximate (or “but for”) cause of the accident; and
4. Damages: the plaintiff suffered losses as a result.

If someone is injured in a drunk driving case, they might not have to prove negligence in the usual way. This is because the drunk or drugged driver could be considered automatically negligent under California’s “negligence per se” law. According to this law, if someone breaks a law, rule or regulation and causes an injury that the law was intended to prevent, they are considered negligent.

Liability For Drunk Driving Injuries In California

The state of California may not hold an intoxicated driver fully responsible or liable for a drunk driving accident. Even though it may appear logical for an impaired driver to bear the responsibility in such a situation, there are instances where this may not be true.

Contact Sheridan & Rund, PC Kahroba to consult with our qualified drunk driving accident lawyers in El Segundo, California. We will assess liability in your personal injury claim and work to seek justice and compensation for your drunk driving lawsuit. You don’t have to face this problem alone. Let an experienced lawyer handle your case on a no-win, no fee basis. In California, the liability clause is as follows:

1. The offender must have been driving a motor vehicle;
2. The offender must have committed an illegal act or failure to perform a legal duty while driving;
3. This action directly resulted in a physical injury or property damage to another person.

A negligent or illegal act while driving can include any of the following:

• Speeding
• Failure to stop or yield
• Failure to signal
• Failure to wear a seatbelt

If you have a personal injury claim related to a drunk driving accident in California, it’s important to hire the most experienced drunk driving accident lawyer in Los Angeles County. We will assess the facts of your case and determine if the drunk driver is responsible. In California, the laws on comparative negligence mean that more than one party can share fault for a car accident. This may impact the compensation you receive for damages and recovery. To understand if comparative negligence laws in California will affect your injury claim, get in touch with an El Segundo DUI accident attorney today. We give top priority to our relationship with clients in order to address their disability needs.

High-Risk Areas For DUI Accidents In California

California roads are particularly dangerous due to factors such as traffic congestion, winding mountainous terrain, poor visibility, and large interstates. Drunk drivers only add to the existing dangers and increase the risk of tragic accidents, making it more important for drivers to stay focused and alert while on the road.

Driving under the influence can impair a driver’s vision, decision-making abilities, and reaction time, making them a greater risk to public safety on California’s most dangerous roads. These hazardous roads include:

• Interstate 5
• Interstate 10
• Interstate 15
• Interstate 40
• State Route 1
• State Road 99