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Los Angeles Drunk Driver Accident Attorney

Most drunk driving accidents are catastrophic, causing life-altering or fatal injuries to victims. Drunk drivers are more likely to commit reckless acts such as excessive speeding, red-light running or driving the wrong way than other drivers. At Rose, Klein & Marias LLP, we are passionate about bringing drunk drivers in Los Angeles to justice. We represent injured people after alcohol-impaired accidents throughout Southern California. Please contact us today for a free, no-obligation case evaluation.

Why Choose Our Los Angeles Drunk Driver Accident Lawyers?

  • Our law firm has expanded since its establishment in 1936 to include dozens of attorneys with experience across multiple legal fields. We have 10 law offices conveniently located throughout California.
  • Our law firm exclusively focuses its attention on personal injury and workers’ compensation laws, giving us in-depth knowledge and extensive experience in these practice areas.
  • Our drunk driving accident attorneys take cases in Los Angeles on a contingency fee basis, with no fees upfront and $0 in attorney’s costs if we fail to secure you a financial award.

How An Accident Attorney Can Help

If you work with a Los Angeles car accident lawyer from Rose, Klein & Marias LLP, you will not have to lift a finger while we take care of your case. Our attorneys will work tirelessly to make sure you have everything you need, from high-quality medical care in Los Angeles to aggressive car insurance settlement negotiations. We can take care of the legal legwork of your case while you concentrate on healing.

  • Gathering eyewitness statements
  • Collecting copies of police reports
  • Obtaining Breathalyzer and chemical test results
  • Subpoenaing police camera footage of a field sobriety test
  • Building a civil case against the drunk driver
  • Fighting for the full value of your damage claim

We settle most of the auto accident cases we accept during pretrial negotiations. If, however, the insurance provider refuses to settle your case for what we believe is a fair amount, we can take the defendant to court to demand better results. Our attorneys have years of trial experience and can advocate for your rights before a judge or jury.

How Much Is a Drunk Driving Accident Case Worth in Los Angeles? 

The potential value of a drunk driving accident case in Los Angeles depends on the circumstances. Personal injury and car accident case values are based on many factors, including the level of harm suffered by the victim, the amount of insurance coverage available to cover the victim’s losses, and the victim’s age and overall health.

As a general rule, plaintiffs with severe to catastrophic injuries and significant losses qualify for greater financial compensation. Since major injuries make a bigger difference to a victim’s life, he or she will typically be eligible for a higher settlement amount. However, every case is unique. There is no “average” amount for a drunk driving accident claim in Los Angeles. 

To get an accurate estimation of how much your case is worth, you must speak to an attorney. Our lawyers at Rose, Klein & Marias LLP will carefully assess your case to calculate its value. Then, we will pursue the best possible results for you through aggressive settlement negotiations or taking your DUI accident case to trial, if necessary.

Types of Financial Compensation Available 

If you get hurt in a drunk driving accident, you may be eligible for economic and noneconomic damages for your losses. Our lawyers can help you create a comprehensive list of your losses so that you are able to seek maximum financial compensation from the at-fault party.

You may be eligible for damages such as:

  • Past and future medical care
  • Physical therapy and rehabilitation
  • Lost wages and work benefits
  • Lost capacity to earn due to a disability
  • Permanent disfigurement or scarring
  • Property damage repairs or replacement
  • Pain, suffering and emotional distress
  • Loss of consortium
  • Wrongful death damages, if you lost a loved one

The types of compensation available will depend on your situation, including whether you file an insurance claim or personal injury lawsuit. If a criminal case is brought against the drunk driver, you may also receive a restitution payment, ordered by the court.

Statutes of Limitations on Car Accident Claims

In the State of California, you only have two years from the date of your drunk driving car accident to bring a civil claim against the at-fault driver. The state has a two-year statute of limitations, with limited exceptions. Start your case soon after the crash to avoid missing your deadline. If prosecutors have brought criminal charges against the drunk driver, the civil courts may toll your deadline until after the resolution of the case. Contact our lawyers to determine your specific deadline.

Who Is Liable for a Drunk Driving Accident in Los Angeles? 

If a drunk driver causes a traffic accident in Los Angeles, injured victims can pursue damages or financial compensation from the impaired driver. Drivers must carry minimum amounts of automobile insurance to pay for traffic accidents they cause: at least $30,000 per person in bodily injury insurance, $60,000 per accident in injury insurance and $15,000 in property damage coverage.

Under California’s fault-based insurance law, you can only receive coverage from another driver’s insurance company if you can prove that the driver is at fault. Evidence to prove a claim against a drunk driver may include a police accident report, an arrest or conviction for DUI, drug or alcohol test results, police bodycam footage, eyewitness statements, photographs, and expert testimony.

What Is California’s Dram Shop Law?

In California, Section 25602.1 of the Business and Professions Code imposes liability against a vendor of alcohol if someone suffers injury or death due to the vendor selling, furnishing or giving an alcoholic beverage to someone in the following circumstances:

  • The vendor overserved an obviously intoxicated individual.
  • The vendor served an underage patron (under the age of 21).

If an alcohol vendor made one of these mistakes, and the patron served went on to cause a drunk driving car accident, the dram shop can be held liable. However, the consumption of the alcoholic beverage must be the proximate cause of the injuries inflicted upon the victim.

Social Host Liability

It is also possible to hold a social host liable for a DUI accident, in some cases. Civil Code § 1714 states: “Everyone is responsible, not only for the result of his or her willful acts, but also for an injury occasioned to another by his or her want of ordinary care or skill in the management of his or her property or person.”

This statute can permit an injured drunk driving accident victim to hold the host of a party or social gathering liable. Section (b) of this law applies it to liability for “injuries incurred as a result of furnishing alcoholic beverages to an intoxicated person.” Adults in California accept legal responsibility when they knowingly furnish alcohol to people under the age of 21.

What Is Drunk Driving? 

Drunk driving is the crime of operating a motor vehicle while under the intoxicating influence of any drug, liquor or a combination of both. All 50 states prohibit driving under the influence, or DUI, due to the immense risks it presents to road safety. 

California Vehicle Code Section 23152 states: 

  1. It is unlawful for a person who is under the influence of any alcoholic beverage to drive a vehicle.
  2. It is unlawful for a person who has 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle.
  3. It is unlawful for a person who is addicted to the use of any drug to drive a vehicle.

In California, the legal blood alcohol concentration (BAC) limit for drivers is 0.08 percent. However, this is reduced to 0.04 percent for commercial drivers and any detectable amount of alcohol for drivers under the age of 21. 

The criminal penalties for a DUI conviction in California can include fines, jail time and loss of the driving privilege. If a drunk driver causes a car accident resulting in bodily injury or death to any person other than the driver, the penalties will be increased.

Civil vs. Criminal Drunk Driving Cases

At Rose, Klein & Marias LLP, we represent injured victims during civil drunk driving accident cases in Los Angeles. It is our goal to obtain fair financial compensation for victims’ losses, including property damage repairs, lost income, medical bills, and pain and suffering. A criminal drunk driving case, on the other hand, aims to convict a driver for a crime and impose sentences such as jail time.

Filing a police report and cooperating with law enforcement could bring a drunk driver to justice by helping the prosecution build a criminal case. Filing a civil claim, however, is the only way to fight for compensation for your losses. A civil claim seeks to force the reckless driver to take accountability for his or her actions. It could make the drunk driver’s insurance company pay a fair compensation amount for your economic and noneconomic losses.

Drunk Driving Accident Statistics in California

Drunk driving is one of the most dangerous and reckless driver behaviors and remains a major threat to public safety. Drug and/or alcohol impairment reduces a driver’s ability to properly and safely control a motor vehicle. It can alter a driver’s senses and result in poor decision-making in critical moments.

Drunk driving can cause a car accident by affecting a driver in many ways, such as:

  • Reduced reaction times
  • Impaired coordination
  • Altered sense of space and time
  • Reckless decision-making
  • Poor judgment
  • Blurred vision
  • Distraction or lack of concentration
  • Drowsiness or loss of consciousness

According to the California Office of Traffic Safety, 1,370 Californians were killed in alcohol-involved crashes in 2021. This was a 16 percent increase from 2020. Drunk driving deaths accounted for almost one-third of all traffic-related deaths in 2021 (32 percent). On a national level, an average of 37 deaths per day occur due to impaired driving.

Contact a Los Angeles Drunk Driving Accident Lawyer

The traffic accident attorneys at Rose, Klein & Marias LLP have devoted their professional lives to helping injured crash victims. Our Los Angeles drunk driving accident lawyers have helped dozens of victims and family members obtain closure and peace of mind after devastating auto accidents. We have fought hard to obtain the maximum possible compensatory awards for each client we represent. Find out how we can help today during a free consultation.