After being involved in an accident caused by a drunk driver, you may find yourself facing not only physical and emotional recovery but also complex legal challenges. Borna Houman Law stands ready to guide you through this difficult time, offering legal representation aimed at securing the justice and compensation you deserve. Call us today at (888) 42-BORNA to schedule your free consultation and begin your journey to justice with our Santa Monia drunk driving accident lawyer.
Why Choose Us?
At Borna Houman Law, our expertise in handling DUI accident cases in Santa Monica sets us apart. Here is why choosing our Santa Monica drunk driving accident attorney at Borna Houman Law is a step in the right direction:
- Experienced Representation: Led by Borna Houman, a passionate attorney dedicated to personal injury law in Santa Monica, we bring both skill and empathy to your case.
- Personalized Attention: We know that every case is unique. Expect tailored legal strategies that reflect your specific needs and circumstances.
- No Fees Unless We Win: Our commitment is to your success. We bear the risk, so you do not have to worry about legal fees unless we secure your compensation.
- Comprehensive Expertise: We have significant experience handling cases involving DUI accident injuries and are adept at navigating the complexities to achieve the best possible outcome.
How a Santa Monica Drunk Driving Accident Attorney Can Help?
At Borna Houman Law, we offer more than legal representation; we provide a strategic partnership. Here is how we can help:
- Navigating the Legal Complexities: Understanding California’s DUI laws and how they apply to your case.
- Proving Negligence: Demonstrating how the driver’s impairment led to the accident.
- Maximizing Your Compensation: Ensuring you receive full compensation for all your damages.
- Dealing with the Insurance Companies: Negotiating with the liable insurance companies to avoid lowball settlement offers.
Allow us to handle the legal burden so you can focus on your recovery.
DUI Statistics In California
In California, DUI incidents continue to present a significant challenge, highlighting the urgent need for legal intervention and support for victims. In 2023 alone, the state witnessed more than 200,000 DUI-related accidents, leading to over 280,000 injuries and tragically resulting in more than 4,000 fatalities. These statistics not only underscore the prevalence of DUI offenses in California but also emphasize the devastating impact these incidents can have on individuals and communities alike.
What Constitutes Driving Under the Influence in California?
In California, driving under the influence (DUI) is defined under California Vehicle Code 23152 as operating a vehicle while impaired by alcohol, drugs, or a combination of both. The legal limit for blood alcohol concentration (BAC) is 0.08% for drivers 21 years and older operating regular passenger vehicles.
For commercial vehicle drivers, the limit is 0.04%, and for drivers under 21, any detectable alcohol is illegal, demonstrating a zero-tolerance policy. DUI laws also cover driving under the influence of drugs (DUID), making it illegal to drive when one’s ability to drive safely is affected by any drug, whether illegal, prescription, or over-the-counter.
The Difference between Civil Proceedings Regarding a DUI Accident and Criminal Proceedings
In California, a DUI accident can trigger both civil and criminal processes, addressing different aspects of the offense.
- Criminal proceedings: Are prosecuted by the state, focus on punishing the drunk driver, potentially leading to imprisonment and fines.
- Civil cases: Aim to compensate victims of a DUI accident for damages such as medical expenses, lost wages, and pain and suffering.
Importantly, these paths operate independently, meaning a drunk driver could be acquitted criminally, but still be found liable in a civil lawsuit to compensate you for your injuries and losses.
Who Can Be Held Liable for a DUI Accident?
In California DUI car accidents, liability can extend beyond the driver to include the vehicle’s owner under the “permissive use” principle, per California Vehicle Code section 17150, if the driver had the owner’s permission to operate the vehicle. Social hosts or establishments might also face liability under specific circumstances for serving alcohol to visibly intoxicated individuals or minors.
Establishing Negligence in DUI Accident Cases
California’s legal framework, particularly California Civil Code Section 1714 (a), lays down the rules for determining liability in DUI accidents, generally attributing fault to the impaired driver. Additionally, under the state’s comparative negligence laws California Civil Code Sections 1431-1431.5 (Proposition 51), you may still recover damages if you’re partially at fault, though your compensation will be reduced proportionately according to your percentage of fault.
The Statute of Limitations for DUI Accident Claims
The statute of limitations (time limit) for bringing a Santa Monica car accident claim, including those involving a drunk driver, is generally two years from the date of the accident, as set by California Code of Civil Procedure Section 335. While certain circumstances may extend or shorten this deadline, reaching out to an experienced drunk driving accident attorney in Santa Monica as soon as possible is highly advisable to protect your rights, and for assistance with initiating an insurance claim to cover your immediate medical needs.
Contact a Santa Monica Drunk Driving Accident Attorney Today
Recovering compensation after being injured by a drunk driver requires more than just legal expertise—it demands a partner who understands your journey. Borna Houman Law is committed to providing that partnership, offering compassionate legal representation every step of the way. Contact us today at (888) 42-BORNA to schedule your free consultation, and let us help you on your path to recovery and justice.