Were you hit by a driver who was operating a vehicle under the influence? Also known as DUI, driving under the influence is a dangerous decision that puts people’s lives at risk, especially when this behavior results in a collision.
The aftermath of a DUI-related crash can be overwhelmingly stressful and confusing, but we want you to know you’re not alone. An experienced San Bernardino drunk driving accident lawyer can help. With us by your side, you can rest assured that we will advocate for you and protect your rights.
At Omega Law Group Accident & Injury Attorneys, we have decades of experience recovering millions of dollars in compensation for victims just like you. We’re here to help. Let us represent you as your San Bernardino car accident lawyer and pursue justice on your behalf.
Legal Definition of Drunk Driving in California
Under California state laws, driving under the influence is prohibited by Vehicle Code Sections 23152 and 23153. These laws apply to alcohol and drugs, both prescription and illicit. The legal blood alcohol concentration (BAC) limits are as follows:
- 0.08% for adult drivers
- 0.04% for commercial vehicle drivers
- 0.01% for drivers under 21
A person can be charged with DUI even when their BAC is below 0.08% if law enforcement determines that their ability to operate a vehicle safely is impaired. In DUI accidents involving injuries or fatalities, the charges can escalate to felonies with severe consequences.
If someone is determined to be driving under the influence at the time of hitting you, reach out to a San Bernardino personal injury lawyer from our firm. We can help you pursue compensation as the victim of a DUI crash.
Common Injuries in Drunk Driving Collisions
The high-impact nature of drunk driving often means victims experience serious injuries as a result of these crashes. Here are examples of common injuries that stem from DUI collisions:
- Traumatic brain injuries (TBI)
- Spinal cord injuries and paralysis
- Broken bones and fractures
- Severe lacerations and burns
- Organ damage and internal bleeding
- Chronic pain and psychological trauma
Victims may require emergency medical treatment, surgical procedures, rehabilitative care, assistive devices, and long-term assistance. Even after physically recovering, many people still suffer from post-traumatic stress disorder (PTSD), anxiety, or depression related to the crash.
Liability in Drunk Driving Accidents
In many drunk driving accidents, the impaired driver is at fault. Liability is generally supported by objective evidence, such as BAC results, arrest records, and eyewitness accounts. However, additional parties could share responsibility under certain circumstances.
Let’s look more closely at liability in drunk driving collisions.
Social Host and Dram Shop Liability in California
California’s approach to dram shop and social host liability is limited but worth noting. Under Civil Code Section 1714, bars and restaurants typically cannot be held liable if they serve alcohol to adult patrons who later cause an accident. However, if an establishment knowingly serves alcohol to a visibly intoxicated minor, it may be held partially liable.
Similarly, a social host or someone hosting a house party can be held civilly liable if they serve alcohol to someone under the age of 21 and that person then causes a crash. These exceptions are rare, though they are also relevant in specific cases.
Punitive Damages in DUI-Related Injury Cases
Drunk driving civil cases in California may allow for punitive damages. These are intended to punish people who engage in egregious misconduct. Under California Civil Code Section 3294, punitive damages are available when the defendant acted with malice, oppression, or fraud.
Drunk driving is often deemed reckless or grossly negligent enough to meet this threshold, especially when the following details are true:
- The driver has prior DUI convictions.
- Their BAC was significantly over the legal limit.
- Their behavior was particularly dangerous.
Statute of Limitations for DUI Injury Cases in California
In California, the statute of limitations for most personal injury cases, which include drunk driving collisions, is two years from the date of the incident. This means you have 24 months to pursue compensation and file a claim, starting from the day the collision took place.
It’s also important to note that the statute of limitations for cases involving wrongful deaths often starts on the day your loved one died. Failing to file a claim before the statute of limitations expires can result in you losing your right to compensation altogether. That’s why timeliness is key.
Additionally, shorter deadlines could apply in certain situations, such as:
- Claims against a government agency: These must be filed within six months of the incident.
- Minors who are injured in the crash: The deadline to file your claim could be extended until the minor reaches the age of 18.
Injured in an accident?
Our personal injury lawyers in San Bernardino are here to help.
(310) 526-8383
Contact Our Drunk Driving Accident Attorneys in San Bernardino for Help Today
If you or someone you love was injured in a drunk driving collision, you don’t have to face the aftermath alone. This is an experience that can leave you feeling overwhelmed in countless ways. Luckily, you don’t have to figure everything out by yourself.
Instead, reach out to Omega Law Group. Our San Bernardino drunk driving accident attorneys have what it takes to handle your case adeptly and advocate for your rights. You deserve compensation, and we can help you work toward getting it.
Don’t wait to reach out to us for help—we’re here for you. The sooner you call our San Bernardino drunk driving accident lawyers, the sooner we can meet with you and take the first step toward holding the at-fault parties accountable.
