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Drunk Driving Accident Lawyer Los Angeles
Drunk driving accidents are common in Los Angeles. According to TIMS statistics Los Angeles had the highest number of alcohol-related fatalities per county in California in 2022 with 139 fatalities.
If you or your loved ones have suffered injuries caused by DUI, do not hesitate to call a drunk driving accident lawyer to help you in a difficult situation. The right lawyer at Bojat Law Group will help you deal with all the complexities and difficulties associated with Dui accidents as easily as possible.
Call us now at (818) 877-4878 and let us guide you through the legal path of your recovery.
Meet Drunk Driving Lawyer Sasha Bojat
With his vast experience in representing victims of drunken driving accidents in Los Angeles Sasha Boyat is not only a lawyer but a tireless fighter for the rights of the injured. As someone who has himself lost a family member in a drunk-driving accident, Sasha brings a unique perspective and deep understanding to each case.
- Over 200 alcohol-related traffic accidents successfully solved
- Over $40 million of reimbursement guaranteed to clients
- Certified Injury Specialist by the California Bar Association
- Lecturer at legal-medical seminars on the consequences of drunk driving
- Member of the American Association of Traffic Accident Lawyers (AASN)
- Associate of leading trauma and surgical specialists in California
- Regular speaker at conferences on traffic safety and the prevention of drunk driving
What Is the Penalty for Drunk Driving in California?
When criminally charged with a DUI in California the following can occur:
First DUI: In California, a first misdemeanor DUI comes with a fine of $390 to $1,000, plus a number of other fees and penalties that can bring the total up to $3,600. Also, you could you could possibly face 6 months in jail. Further, the DMV will suspend your license for 6 months and even a year if you refuse a BAC test. Most of the time, the courts will require the completion of community service and alcohol and/or drug evaluation courses.
Second DUI: A second DUI will trigger three to five years of probation, 30 months of DUI school, $390 to $2,000 in fines and penalties, and 96 hours in jail are possible penalties. License suspension and ignition interlocks are additional penalties that could be required by the courts.
Third DUI: Most of the time, someone who gets a third DUI will spend at least six months and up to a year in county jail. Serious crimes could get you two to three years in prison or even more. Drivers may have to install an ignition interlock device as part of their sentence.
Fourth DUI: People who are charged with a fourth DUI must spend at least 180 days in county jail after being found guilty of that crime if it is a misdemeanor. If you are found guilty of your fourth DUI as a felony, you could spend up to 16 months, 2 years, or 3 years in state prison.
Case Results
Bojat Law Group has recovered over $1 million in verdicts and settlements for personal injury victims.
Car Accidents
Truck Accidents
Motorcycle Accidents
Blood Alcohol Concentration (BAC) Limits in California
Based on blood alcohol concentration (BAC), you can’t drive in the following situations:
- If you are over 21, it is against the law to drive with a BAC of 0.08% or higher.
- If you are younger than 21, it is against the law to drive with a BAC of 0.01% or higher.
- No matter what age, you can’t drive with a BAC of 0.01% or higher if you are on DUI probation
- It’s against the law to drive a car that needs a business driver’s license if your blood alcohol level is 0.04% or higher.
- You can’t have a BAC of 0.04% or more if you are hired to drive someone.
DUI Statistics
In the U.S. in 2020, the number of adults over 30 who drank alcohol rose significantly. This was because many people were stuck at home during a stressful pandemic. This increase further increased the number of deaths caused by drunk drivers in 2021 when things got back to normal and people started driving in a similar manner as prior to the pandemic. The most telling statistic that proves this increase is National Highway Traffic Safety Administration (NHTSA) data for 2021, together with the FBI’s most recent information on DUI arrests from 2021.
Most Drunk Driving Fatalities per State
According to NHTSA, out of all US states, Montana ranks number one for drunk driving fatalities per 100 million VMT, followed by Texas and South Carolina. An estimated 12,762 (21%) of the 60,904 drivers who were involved in fatal car accidents in 2021 were drunk. Alcohol-impaired drivers were involved in 14 % of fatal car accidents in Georgia and Mississippi and 34% of fatal car accidents in Montana.
How Many People Died from Drunk Driving?
Of the 42,939 traffic fatalities in 2021 in the US, there were an estimated 13,384 people (31%) killed in alcohol-impaired-driving crashes. The fact that this number exists shows how seriously and severely driving while drunk continues to affect road safety.
California DUI Fatalities
The fight against drunk driving is still very important in California, as shown by the changing number of deaths over the past few years. There were 1,120 deaths in 2017 because someone was driving drunk. That number dropped to 1,069 deaths in 2018 and 949 deaths in 2019. However, the number of deaths rose alarmingly to 1,180 in 2020 and then again to 1,370 in 2021, for a total rise of 22.32% from 2017 to 2021. These numbers show how hard it is to stop drunk driving and encourage people to make smart decisions on the roads. More needs to be done to do this.
6 Most Common Drunk Driving Accidents
People who drive while drunk cause a lot of different types of accidents. Most of the time, these accidents happen because drunk people make bad decisions respond slowly, and have poor motor skills. When someone is drunk behind the wheel, these types of accidents happen most often:
- Rear-End Collisions: These occur when a drunk driver fails to stop or slow down in time to avoid colliding with the person in front of them.
- Head-On Collisions: These occur when a drunk driver hits another vehicle(s) or person(s) head-on with the front of their vehicle as a result of their impairment. These collisions are usually the most severe ones.
- Pedestrian Accidents: These occur when a drunk driver hits a pedestrian crossing the street or walking on the road or even a sidewalk.
- Bicycle Accidents: These occur when a drunk driver hits a bicyclist from behind while sharing a road or while crossing the street. Tragically many victims seek a Los Angeles bicycle accident lawyer after suffering injuries when motorists fail to notice cyclists in their path, especially during dusk hours when visibility diminishes.
- Intersection Accidents: These occur when a drunk driver fails to stop at a stop sign, runs a red light, or fails to yield a right of way in an intersection, thereby causing a collision.
- Single-Vehicle Crashes: These occur when a drunk driver loses control of their vehicle and impacts a stationary object such as a stop sign, fire hydrant, tree, or utility pole.
If you were involved in an accident caused by an impaired driver, please do not wait and call us now to speak to an experienced personal injury attorney. Bojat Law Group offers free consultations, and we will take our time to speak to you about your particular case. You do not pay if you do not win! No upfront costs or fees. Don’t wait, call us now!
What is the Difference Between a Civil and Criminal Drunk Driving Case?
In California, the person who caused the drunk driving accident may face criminal or civil charges. We outline the main distinctions between DUI cases in the criminal and civil domains:
- Criminal DUI Case:
- In California, the state charges individuals for DUI under California Vehicle Code Section 23152(a) and (b). (Note: Many people ask, “What’s a DWI?” While California uses the term DUI, other states refer to similar offenses as DWI, or “Driving While Intoxicated.”)
- A person charged with DUI is called the defendant.
- The state must prove that the individual broke the law (California Vehicle Code Section 23152) “beyond a reasonable doubt”
- The state is required to provide the defendant with a public defense attorney if he cannot afford one, as per his constitutional right to counsel
- If the defendant is shown to have breached the law, he is found guilty.
- Penalties include fines, license suspension, community service, educational programs, breathalyzer installation, and jail time.
2. Civil DUI Case:
- Injured party or their relatives sue the party responsible for drunk driving and injuries sustained
- The plaintiff is the one suing, while the defendant is the one being sued.
- Plaintiff must prove a proposition by “preponderance of the evidence” which means more likely than not (which is much easier to prove than in a criminal case)
- Defendant does not have a constitutional right to an attorney and is responsible for covering the expenses of hiring a lawyer
- The defendant is either liable or not liable for the damages
- If liable, the defendant must pay a certain amount of money to the plaintiff
- Plaintiff can recover economic, non-economic, and punitive damages in specific situations.
How a Los Angeles Drunk Driving Accident Lawyer Can Help?
In a city such as Los Angeles, where DUI accidents occur every day, causing serious injuries and deaths to the unfortunate, a beacon of hope shines for these victims in the form of drunk driving accident lawyers in Los Angeles. These well-polished and experienced professionals tirelessly advocate for their clients by taking all the appropriate steps from the very beginning of the case, which ensures they obtain the highest settlement amounts and verdicts for the victims of drunk driving accidents.
Investigating the Accident
Following a DUI accident, relevant evidence must be gathered in time, which is the forte of seasoned DUI accident attorneys. They collect all evidence from the scene, request documents from police departments, interview witnesses and parties involved in the accident, and hire experts, thereby leaving no stone unturned in an effort to build an irrefutable case.
The importance of having a law firm with vast experience cannot be overstated, since any deficiency could compromise your legal claim. Securing the services of a knowledgeable and astute attorney is paramount for safeguarding your interests in such critical situations.
Negotiating with Insurance Companies
In the struggle to obtain a just settlement, it’s often within the confines of a boardroom that insurance firms build their fortifications. Skilled attorneys shine in negotiation, pushing back against the tendency of these companies to minimize damages or shift fault. Particularly with rear-end collisions, there is a constant pull between parties over rightful compensation—a battle requiring an attorney’s adept touch to sway the balance toward those harmed.
Recovering Damages for Victims of Drunk Driving Accidents
If you have been injured in an accident due to a drunk driver, your future medical expenses, associated with the accident may be astronomical. You and your family may face financial and emotional difficulties due to the expenses of hospital stays, operations, physical therapy, rehabilitation, and being transported away in an ambulance. Furthermore, if you have a significant injury, you might not be able to return to work for some time.
Here at Bojat Law Group, we understand what it takes to get maximum compensation for our injured clients who have been hit by impaired drivers. If you have been injured, you may be entitled to general and special damages. That means you can get compensated for your loss of wages including future wages and for your pain and suffering. You may also receive punitive damages. Punitive damages are awarded in order to deter the drunk driver and others from engaging in the same type of conduct
Taking Your Case to Trial
In the pursuit of rightful compensation, engaging in negotiations is often favored. Litigation stands as a pivotal alternative for those who demand complete justice. Attorneys skilled in handling Los Angeles drunk driving accidents stand ready to present compelling cases before a judge and jury, especially when insurance providers remain inflexible.
The prospect of many drunk driving accident cases facing trial highlights the necessity for legal representation that excels not only at negotiating settlements but also possesses prowess within the rigors of courtroom battles.
Factors that Affect Your Drunk Driving Accident Claim
The value of a claim resulting from a drunk driving crash isn’t constant but rather varies based on numerous variables. Key factors impacting the valuation include:
- How serious are the incurred injuries
- The degree of damage to property
- Whether the driver at fault has previous DUI offenses
- The impact California’s laws of comparative negligence might have, as they can adjust damages awarded when there’s shared fault among parties involved
- Actions taken by the defendant, like declining to take a breathalyzer test
Each one of these elements has potential weight in tipping the scales and possibly enhancing what is deemed fair compensation for such claims. They may also influence how favorably or not a jury views matters concerning those harmed.
Critical considerations that play into determining what constitutes an appropriate settlement amount include both the total number of people affected by this incident and any limitations set forth by relevant insurance policies.
Liability for Drunk Driving Injuries: Are Drunk Drivers Always at Fault?
In California, drunk drivers are usually found to be at fault for drunk driving accidents. As a result, victims who have been hurt have the right to sue impaired drivers for personal injuries. However, the motorist is not always solely to blame for injuries sustained in a drunk-driving collision. If California courts and/or insurance providers determine that the non-drunk driver shared any of the fault for a drunk driving accident, they may lower your payout according to the apportionment of fault. People other than the ones involved in a drunk driving accident can also be placed at fault under specific circumstances, for instance when a driver at fault is under 21 years of age. California Civil Code Section 1714 states that “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.” If an under-21 drunk driver injures or kills someone, the code allows a claim against the alcohol supplier. Thus, if the drunk driver who caused your accident is under 21, your attorney will investigate and determine if other parties are liable. Your attorney may consider these parties:
-Entertainment venues: bars, clubs, and restaurants
-Family/friends
-A party hosts
-Parents
Is there a statute of limitations for drunk driving accident civil claims in California?
Following incidents of driving under the influence, it is crucial to respond promptly in legal proceedings. In California, victims have a period of two years from the date of the driving accident to file a civil claim due to a statute of limitations. Therefore, it is imperative for victims of alcohol-induced accidents to respond promptly.
The fact that the DUI driver has not been criminally convicted does not mean that the victim should not sue him in a civil court in order to recover damages. That’s why the victim should act quickly to collect his damages before the statute of limitations has passed.
Wrongful Death Claim Against a Drunk Driver
If you have lost a loved one in a drunk driving accident you may file a lawsuit against the drunk driver’s negligence, on behalf of the decedent’s estate. Many times, the deceased person’s estate does not have enough resources to cover the expenses associated with a wrongful death case. Many times, parents, children, and spouses are dependent on the deceased victim for financial support. You may be able to file a claim if you have now been placed in a financial hardship due to the loss and support of a loved one who was killed by a drunk driver.
Drunk driving accident attorneys at Bojat Law Group have years of experience and a track record of dealing with wrongful death cases caused by impaired drivers. Do not hesitate to contact us and get your free case evaluation.
Contact Bojat Law Group Today for Your Own Experienced Drunk Driving Accident Lawyer in Los Angeles
Drunk driving is a careless behavior that keeps happening even though it is against the law to do so. If you were drunk and caused an accident, you don’t have to deal with the aftermath by yourself. If an impaired driver hit you or someone you care about and hurt them, the drunk driving accident lawyers at Bojat Law Group can help you figure out if a personal injury case is the best way to get your money back. Hiring a lawyer won’t fix the damage you’ve already done, but it can help you avoid becoming another sad victim of a drunk driving accident. Call (818) 877-4878 right now to get a free case review with a member of the Bojat Law Group team.
Frequently Asked Questions
What happens if you get into an accident while drunk in California?
In California, being involved in an accident while under the influence can lead to severe penalties. Should there be serious injury or fatality to a victim of the auto accident, you may be liable for fines reaching $10,000 and face incarceration. It also depends on whether this is a 1stDUI, 2nd DUI, 3rd DUI, and whether or not the person was on probation. It’s crucial that you refrain from drinking and driving so as to steer clear of grave legal repercussions.
The drunk driver's insurance company offered me a settlement. Should I take it?
Accepting the insurance company’s initial offer is rarely a smart choice, and accepting a settlement before you have a clear understanding of your whole loss is never a good option. Put otherwise, you must be aware of the whole financial, bodily, and emotional damage caused by the car accident itself. Moreover, insurance companies never give fair offers to parties who are not represented by attorneys. If you need legal advice, call our Los Angeles car accident lawyer to help you navigate the legal complexities.
Can I claim compensation for pain and suffering after a drunk driving accident?
Under California law, it is indeed permissible to seek damages for pain and suffering following any serious injuries from a driving accident caused by drunk driving.
What should I do if the drunk driver's insurance company offers me a settlement?
Before agreeing to any settlement proposal from the insurance company of a drunk driver, it’s crucial to seek advice from a personal injury attorney, who can ensure you don’t settle for less than your personal injury claim is worth since these companies frequently strive to reduce compensation amounts.
What happens if I miss the statute of limitations for filing my drunk driving accident claim?
Should you fail to adhere to the deadline set by the statute of limitations in bringing forth your claim related to a drunk driving accident, your opportunity for securing compensation may be forfeited, leaving you responsible for any expenses incurred.
It is critical that you initiate legal proceedings within the designated period if you wish to safeguard your entitlements following an incident involving drunk driving.
How to solve drunk driving?
Strategies to Reduce Alcohol-Impaired Driving
- Lower BAC Limits: Implementing lower blood alcohol concentration (BAC) limits effectively reduces alcohol-related crashes.
- Laws and Policies: Enforce zero-tolerance laws for underage drivers and maintain a minimum legal drinking age of 21. Policies restricting alcohol availability and affordability are also crucial.
- Sobriety Checkpoints: Regular and publicized sobriety checkpoints help identify impaired drivers.
- High-Visibility Patrols: Deploy visible patrols in high-risk areas to deter impaired driving.
- Ignition Interlocks: Mandate ignition interlocks for convicted impaired drivers to prevent vehicle operation above specified BAC limits.
- Treatment Programs: Offer tailored treatment for individuals with alcohol use disorders to reduce repeat offenses.
- Screening and Interventions: Identify excessive alcohol use through screening and offer brief interventions to prevent impaired driving.
- Multi-Component Interventions: Combine programs and policies with community mobilization efforts to reduce alcohol-related accidents.
- School-Based Programs: Educate teenagers about the dangers of riding with impaired drivers through school-based initiatives.
Why is California’s drunk driving law referred to as a drugged driving law?
California’s DUI statutes include alcohol and drugs. Alcohol and other drugs that impair driving are forbidden. Age reduces alcohol tolerance, increasing the likelihood of alcohol-related impaired driving accidents and hazards. The legislation does not distinguish between illicit and prescription medicines. They all influence driving safety, seeing, and hearing.
No matter what age you are, it is illegal to drive after:
- Heavy drinking of any kind. Cough syrup is one example.
- Any driver-impairing medication. This covers OTC and prescription drugs.
- Any alcohol or drug combination that impairs driving.
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“Sasha was absolutely amazing!! Very attentive, very communicative, and would always handle each interaction with white gloves. He worked with the very best to make sure I was taken care of and recovered accordingly. At the end of the day, he exceeded my expectations by a large margin. Thank you, Sasha!!”
Andrew Schmidt
“Bojat Law Group is a group that actually cares about its clients. They helped me with a case I would have lost if I had gone to anyone else. They provided a life changing experience and I will never go to a different law group in regards to personal injury.
They transparent this law group is one of a kind and I couldn’t be more grateful to have found them.”
Dylan Short
“Sasha was wonderful handling my case. Explained everything in detail where we could understand the process. My case was handled smoothly and efficiently. His eased all our worries when it came to getting compensation for my case. Very accommodating! Would recommend him to anyone.”
Bethany Braun
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