San Jose Drunk Driving Accident Lawyer
Car accidents can result in devastating injuries, leading to extensive medical treatment and costly bills. When a drunk driver causes an accident and injures people, they need to be held accountable not only for their criminal actions but also for the financial fallout of their victims.
If you or a loved one suffered injuries in an accident caused by someone under the influence of drugs or alcohol, you need a San Jose drunk driving accident lawyer from Alexander Law Group LLP to handle your claim so you can focus on your own recovery.
San Jose Drunk Driving Accident Guide
- Why Choose Alexander Law Group LLP For My San Jose Drunk Driving Accident Claim?
- How Does Alcohol Affect Drivers?
- California Drunk Driving Laws
- Personal Injury Claims vs. Criminal DUI Charges
- Who Can I Sue for a San Jose Drunk Driving Accident?
- What Compensation is Available to Drunk Driving Accident Victims?
- Why Should I Hire a Lawyer for My Drunk Driving Accident Claim?
- Contact the San Jose Drunk Driving Accident Lawyers from Alexander Law Group LLP Today
Why Choose Alexander Law Group LLP For My San Jose Drunk Driving Accident Claim?
At Alexander Law Group LLP, our personal injury lawyers have dedicated their practice to helping accident victims in San Jose and the Bay Area obtain justice against those who harmed them and recover compensation for their medical bills and other losses. Through the years, we have secured millions of dollars in settlements and verdicts for our clients. We can help you, too.
We provide each client with personalized legal services, tailoring our approach to their specific case. We use our substantial resources to prove liability and employ leading experts and state-of-the-art technology to support our clients’ claims. We work tirelessly to ensure you are fully compensated for all your losses and your rights are always protected.
Contact us for your free consultation. If you cannot come to us, we’ll come to you. If you choose to hire us — and we hope you do — you pay nothing unless we recover compensation for you. Contact us today, and let’s discuss your case.
How Does Alcohol Affect Drivers?
Alcohol’s impairing effects can vary from person to person based on their tolerance and the amount of alcohol they consume. But even a few drinks can significantly impact their ability to drive.
Alcohol is a central nervous system depressant that slows down the brain and causes delayed reactions to unexpected events. Drivers under the influence are less able to react quickly to sudden stops or to swerve to avoid obstacles.
Alcohol’s depressive effects can also exacerbate fatigue and drowsiness, making the driver less attentive.
Muscle coordination can also be affected, making it harder for drivers to coordinate their hand, feet, or eye movements to perform necessary driving tasks.
Impaired fine and gross motor skills can make it difficult for drivers to maintain proper control of their vehicle. They are more likely to swerve, steer erratically, and have trouble with basic driving tasks. Furthermore, alcohol can cause visual distortions and impair depth perception — all of which create a recipe for disaster.
California Drunk Driving Laws
California prohibits anyone from driving if they have a blood alcohol content (BAC) of:
- 0.08% or higher for drivers 21 years old or older
- 0.01% or higher for drivers under 21 years old
- 0.01% or higher for drivers of any age who are on DUI probation
- 0.04% or higher for drivers of a vehicle that requires a commercial driver’s license (CDL)
- 0.04% or higher if you are driving a passenger for her, such as a rideshare driver
Even if a driver doesn’t have a BAC that exceeds the legal limit, they may still be charged with a DUI under certain circumstances.
Personal Injury Claims vs. Criminal DUI Charges
When someone driving drunk causes an accident, they will likely face criminal DUI (driving under the influence) charges. But they may also be hit with a personal injury claim. These are two distinct legal matters. Here is how the two differ:
Personal Injury Claim
A personal injury claim is a civil legal process where an injured party (plaintiff) seeks compensation from another party (defendant) for damages resulting from an accident or injury. Personal injury claims can arise from various incidents, including car accidents involving drunk drivers.
The primary objective of a personal injury claim is to compensate the injured party for their physical, emotional, and financial losses resulting from the accident. The claim requires establishing the defendant’s liability for the plaintiff’s injuries and determining the appropriate amount of compensation.
In a personal injury claim, the plaintiff must prove the defendant’s liability by a preponderance of the evidence, which is a lower standard than “beyond a reasonable doubt.” The focus is on whether the defendant’s negligence or wrongful actions caused the plaintiff’s injuries.
Outcomes may involve monetary compensation (damages) awarded to the injured party (plaintiff) to cover medical bills, lost wages or income, pain and suffering, and other losses. The defendant’s insurance may be responsible for paying these damages.
Criminal DUI Charges
A DUI criminal conviction is a legal process in which the state prosecutes an individual for operating a vehicle while impaired by alcohol or drugs.
It is a criminal offense, and if convicted, the defendant may face penalties such as fines, license suspension, probation, mandatory alcohol education programs, and even imprisonment, depending on the severity of the offense and prior convictions.
The primary objective of a DUI criminal case is to punish the defendant for breaking the law and to deter others from driving under the influence. In a criminal DUI case, the prosecution must prove the defendant’s guilt beyond a reasonable doubt. This is a high standard of proof. The focus is on whether the defendant’s actions meet the legal criteria for a DUI offense.
Outcomes may include fines, probation, license suspension, mandatory alcohol treatment programs, and potential incarceration for the defendant. The defendant’s criminal record may be affected.
Does the Outcome of the Criminal Case Affect the Personal Injury Claim?
It can. If someone is convicted of a DUI, it can strengthen the plaintiff’s claim against the drunk driver. But even if a driver isn’t convicted of a DUI, the injured party can still hold the driver liable for the injuries they caused.
Who Can I Sue for a San Jose Drunk Driving Accident?
In a drunk driving accident, liability can extend beyond just the impaired driver to include other parties who may share responsibility for the accident and resulting damages. Here are some potential parties who may be held liable for a drunk driving accident:
The Drunk Driver
The most obvious and primary liable party is the drunk driver who chose to operate a vehicle while under the influence of alcohol or drugs. They can be held liable for their negligent and illegal actions.
Establishments Serving Alcohol to Minors
The establishment (such as a bar, restaurant, or nightclub) that served alcohol to a minor driver may also be held liable. This is known as dram shop liability.
Social Hosts Serving Alcohol to Minors
Social hosts who provide alcohol to underage guests at a private event or gathering may be held liable if a minor guest later causes a drunk driving accident. These laws are often referred to as social host liability or host responsibility laws.
Vehicle Owners
If the drunk driver was operating a vehicle owned by someone else (such as a friend or family member) with their permission, the vehicle owner may also be held liable in some cases. This is known as vicarious liability or owner liability.
Employers
If a drunk driver was on the job at the time of the accident or was driving a company-owned vehicle, the employer may be held liable under certain circumstances. This is called employer liability or respondeat superior.
Government Entities
In rare cases, if poor road conditions or inadequate signage contributed to the accident, a government entity responsible for road maintenance and safety may be held liable for the accident.
Automakers or Manufacturers
If a defect in the vehicle or its safety systems played a role in the accident, the automaker or manufacturer may be held liable for producing a faulty product.
Third Parties
Other third parties may be involved in the accident, such as a third-party repair shop that improperly maintained the vehicle or a construction company whose negligence led to hazardous road conditions.
What Compensation is Available to Drunk Driving Accident Victims?
Victims of drunk driving accidents may be entitled to various types of compensation to help them recover from their injuries and losses.
The available compensation typically falls into the following categories:
- Medical Expenses: Compensation for medical bills, including ambulance fees, hospitalization, surgery, doctor’s visits, prescription medications, physical therapy, and ongoing medical treatments related to the accident.
- Lost Income and Future Earnings: Compensation for income lost due to the accident, including wages, bonuses, and benefits. If the victim is unable to return to their previous employment due to injuries, they may also receive compensation for diminished future earning capacity.
- Pain and Suffering: Non-economic damages intended to compensate victims for physical pain, emotional distress, and the overall suffering they have endured as a result of the accident and their injuries.
- Property Damage: Compensation for the repair or replacement of the victim’s vehicle or other damaged property as a direct result of the drunk driving accident.
- Funeral and Burial Expenses: In cases where a drunk driving accident leads to a fatality, the family of the deceased victim may receive compensation to cover funeral and burial expenses.
- Loss of Consortium: Compensation for the loss of companionship, support, and services that a spouse or family member may experience because of the victim’s injuries or death.
- Rehabilitation and Therapy Costs: Compensation for the cost of rehabilitation, physical therapy, and any necessary counseling or therapy to help the victim recover physically and emotionally.
- Out-of-Pocket Expenses: Compensation for miscellaneous expenses incurred as a result of the accident, such as transportation costs to medical appointments, home modifications, or assistive devices.
The availability and extent of compensation can vary based on factors such as the severity of injuries, the specific circumstances of the accident, and insurance coverage. To maximize your chances of obtaining fair compensation, consult an experienced personal injury attorney who can assess your case, negotiate with insurance companies, and, if necessary, pursue a legal claim on your behalf to ensure that your rights are protected.
Why Should I Hire a Lawyer for My Drunk Driving Accident Claim?
Hiring a lawyer from Alexander Law Group LLP for your drunk driving accident claim can offer several advantages and benefits that can significantly impact the outcome of your case. Here are some compelling reasons to consider our legal services:
Experience Handling Drunk Driving Cases
Alexander Law Group LLP handles personal injury cases, including those involving drunk driving accidents. Our attorneys have extensive experience dealing with the unique complexities and challenges that arise in these cases.
Legal Knowledge
Our legal team is well-versed in both state and local laws related to drunk driving accidents. They can navigate the legal landscape, handle paperwork, and ensure compliance with all necessary regulations.
Thorough Investigation
Our lawyers have the resources to conduct a thorough investigation of your case. This includes gathering evidence, interviewing witnesses, analyzing police reports, and working with accident reconstruction experts to build a strong case on your behalf.
Negotiation Skills
Alexander Law Group LLP attorneys are skilled negotiators who can engage with insurance companies and other parties to secure a fair and just settlement for your injuries and losses.
Courtroom Experience
If a fair settlement cannot be reached through negotiation, our lawyers are prepared to take your case to court. They have trial experience and will vigorously represent your interests in the courtroom.
Maximizing Compensation
Our lawyers will work diligently to ensure you receive the maximum compensation possible for your medical bills, lost earnings, pain and suffering, property damage, and other damages.
Emotional Support
Dealing with the aftermath of a drunk driving accident can be emotionally challenging. At Alexander Law Group LLP, we provide legal assistance, emotional support, and guidance during this difficult time..
Contingency Fee Arrangement
The personal injury lawyers at Alexander Law Group LLP work on a contingency fee basis. This means you won’t have to pay attorney fees upfront; we only get paid if we successfully recover compensation for you.
Focus on Your Recovery
By entrusting your case to experienced attorneys, you can focus on your physical and emotional recovery, knowing that a dedicated legal team is advocating for your rights and interests.
Proven Track Record
Alexander Law Group LLP has a track record of successful outcomes in personal injury cases, which can provide you with confidence in their ability to represent you effectively.
Contact the San Jose Drunk Driving Accident Lawyers from Alexander Law Group LLP Today
At Alexander Law Group LLP, we understand the pain and suffering that often follows a drunk driving accident. We are here to stand by your side, advocate for your rights, and fight tirelessly to ensure that justice is served.
Our experienced team of San Jose personal injury attorneys specializes in drunk driving accident cases, and we have a proven track record of achieving favorable outcomes for our clients.
Don’t bear the burden of this challenging journey alone. Let us be your trusted legal partner, guiding you through the legal process while you focus on your recovery.
Contact us today at 408noswap-289-1776 or through our online form for a free consultation, and let us help you navigate the path to recovery. Together, we can hold those responsible accountable for their actions and work toward a brighter future.
Alexander Law Group, LLP – San Jose Office
Address: 99 Almaden Blvd., Suite 700, San Jose, CA 95113
Phone: 408noswap-289-1776
San Jose Practice Areas
Work With Dedicated, Passionate, Award-Winning Attorneys
The Alexander Law Group, LLP, is a nationally recognized and award-winning personal injury law firm with offices in San Jose and throughout the Bay Area. Consultations are always free. If we don’t win your case, you don’t pay anything.
If you or someone you know has been injured in a drunk driving accident, we are ready to help you obtain the compensation you deserve. We are available 24 hours a day, seven days a week. Please contact us now by email or call 888-777-1776.
