Hit by a Drunk Driver

Car accidents can happen in a lot of different ways. Often, a driver makes the wrong split-second decision that ends up causing an accident. Maybe they were distracted by a crying child in the car or didn’t see a light change from yellow to red. While these accidents still involve an element of negligence, nothing compares to the recklessness displayed by drunk drivers. Drunk driving is always a choice. In this way, every single DUI accident is completely preventable, making them even more tragic. If you’ve been hit by a drunk driver, Power Trial Lawyers can help. We’ve assembled a team of experienced Southern California personal injury lawyers that not only care deeply about our clients but also have the skill, dedication and tenacity needed to secure fair compensation in even the highest stakes DUI accident cases.

According to the most current data from the California Highway Patrol from 2016, in Los Angeles, there were 205 fatal DUI accidents and another 4,749 DUI accidents resulting in serious injury. This puts Los Angeles at the top of the list of the cities for the most fatal drunk driving accidents. In Orange County, the situation isn’t much better. According to CHP, in 2016, there were 1,287 non-fatal DUI accidents and 62 fatal DUI accidents.

Across all of California, traffic fatalities related to those who were hit by a drunk driver make up about a quarter of all motor-vehicle-related deaths.

If you’ve been hit by a drunk driver, you may be able to bring a personal injury claim against the driver who hit you. To successfully bring a DUI lawsuit in California, you must prove that the drunk driver breached a duty of care that was owed to you and that the drunk driver’s negligence resulted in your injuries. This is the same law that applies in all Southern California car accidents.

However, in DUI accidents specifically, there may be another legal doctrine that makes it easier for an accident victim to obtain money damages from an impaired driver: negligence per se. Negligence per se is a legal theory that allows a judge or jury to assume that a driver was negligent based on their violation of a law—in this case, the California law against drunk driving. In short, when negligence per se applies, you don’t need to prove that the other driver was negligent. Negligence per se applies when each of the following is met:

• The other driver violated a law or statute that was enacted to protect others;
• You were among the group of people the law was intended to protect; and
• The other driver’s actions caused your injuries.

In most DUI cases, these elements are easily met because the state’s DUI laws are designed to protect drivers, passengers, cyclists, pedestrians and all other road users. Once negligence per se is established, you then need to present proof of your damages. While proving that you were injured isn’t usually difficult, establishing the full extent of your injuries is critical, as you only get one chance to bring a claim against a drunk driver. For this reason, it is always a good idea to work with an experienced personal injury lawyer who can identify all of your past and future damages to ensure you are fairly compensated for what you’ve been through.

If you were recently the victim of a DUI accident, reach out to the team of advocates at Power Trial Lawyers. At Power Trial Lawyers, we have more than ten years of hands-on experience recovering maximum compensation on behalf of our clients. We offer all accident victims a free consultation, during which we will answer all of your questions and provide you with an overview of the process. And if you decide to allow us to bring your case, we will never bill you unless we can recover compensation on your behalf. To learn more, and to schedule a free consultation with an attorney today, call 844-844-POWER (7693). You can also connect with us through our online contact form. We proudly represent clients in Los Angeles County and Orange County and have conveniently located offices in Los Angeles and Newport Beach.