Impaired driving in California is a serious offense with mandatory minimum penalties. The victims of a DUI usually have to deal with emotional, physical, and traumatic injuries, and sometimes death. The pain, discomfort, and financial implications of being a victim of an impaired driving accident can be overwhelming. You need all the help you can get.
In Thousand Oaks, Ventura County, driving under the influence of alcohol or other illicit substances is one of the leading causes of life-threatening road accidents. Many of us either personally know someone injured in an impaired driving accident or, even worse, have experienced one ourselves. With the help of a Thousand Oaks DUI personal injury lawyer, you can get the legal assistance you need to recover fully.
The Hall of Justice Courthouse will likely hear a case if an intoxicated driver gets detained and criminally charged in Ventura County. In case the perpetrator committed a felony, The District Attorney’s office will prosecute the offense. However, this doesn’t mean you shouldn’t take legal steps to recover.
You need a competent Thousand Oaks defense lawyer on your side. That’s where we at Bojat Law Group come in. Our office has the experience and professionalism to navigate the legal procedure and help you obtain compensation.
Impaired Driving Basics in Thousand Oaks
Each state has its own DUI laws and penalties. But certain conditions and outcomes apply across the United States, including Thousand Oaks, California.
Felony charge
- A first DUI charge is typically considered a misdemeanor in most states. However, if someone is injured or killed in the process, it will be a felony. It is also possible for a DUI charge to become a felony if a person commits up to four DUI crimes.
The concentration of alcohol in the blood
- In practically all states, 0.08% is the legal blood alcohol concentration (BAC) level. In addition, the legal limit for commercial drivers is typically 0.04% BAC. Remember, these restrictions do not apply to drivers below the legal drinking age.
Alcohol and other illicit substances
- Impaired driving charges cover a wide range of offenses. Apart from drunk driving, DUIs include drugs like marijuana and a combination of illegal substances.
Understanding the basics of an impaired driving offense will help you work with an attorney to build helpful strategies.
Types of Accidents Caused by Impaired Driving
DUI accidents leave victims injured irrespective of the driver’s blood alcohol concentration (BAC) or intoxication level. Yet, some accidents can be worse than others. It largely depends on how intoxicated the driver is or how fast they were driving.
This section is to help you understand the level of damage that impaired driving causes and prepare you in case you find yourself in a similar situation.
Direct collisions
If you observe an approaching car in your lane on a highway, do not swerve to the left to avoid it. Instead, apply the brakes, flash your headlights and use your horn. If the other driver is intoxicated, making a sharp turn to the left will be counterproductive.
It is difficult for intoxicated drivers to obey traffic laws or control a vehicle. Their level of control may depend on how drunk they are, but they will most likely go against traffic, cross double yellow lines or run red lights in almost any case.
Motorcycle Accidents
While head-on collisions are destructive and dangerous, motorcycle riders face higher risks in DUI accidents. Motorcyclists are more exposed to the impact of an accident because motorcycles do not have any protective covering, seat belts, or airbags. If a motorcycle rider is involved in an accident with a car, the injuries suffered can be fatal or catastrophic.
Rear-end collisions
Intoxication makes it difficult for drivers to focus or coordinate their actions. They may lose control of the steering wheel, accelerate or fail to hold the brakes when necessary.
Since it’s not easy to regulate their speed, intoxicated drivers are likely to rear-end a vehicle that is moving at a steady, regular pace. They may not even realize when other motor vehicles are slowing down.
Legal Support For Thousand Oaks DUI Accident Victims
Victims of impaired driving accidents may be entitled to compensation for their damages (or their families). The individual circumstances will determine the compensatory damages available to victims of a DUI, just as in any vehicle accident in Thousand Oaks.
Damages that impaired driving victims are entitled to include:
Wrongful Death Damages
While there is no such thing as proper compensation for the loss of a loved one, the family of DUI victims can get financial support if a loved one passes away in an accident. You can sue for their wrongful death in this situation. In this case, you can typically state financial and non-financial damages.
Punitive Damages
In an impaired driving accident, punitive damages are granted in the case of extreme carelessness. Although they are uncommon, they do occur. The victim may receive punitive damages if the defendant’s BAC was well above the legal limit or if they have a long history of DUI offenses.
Financial Damages
Damages with a monetary value attached are called economic or financial damage. These include any financial costs resulting from the intoxicated driver’s acts, such as lost wages, medical bills, automobile repairs, and other direct costs.
Non-economic Damages
Non-economic damages include reduced standard of living, permanent disability, the death of a companion, pain, suffering, or emotional trauma, and reduction in earning capacity. They include losses that the victim suffered even though there were no obvious financial implications of the injury. They are the impact of the accident upon the victim’s life.
Contact Bojat Law Group
We have the expertise and experience you need. Our experienced DUI personal injury lawyers can assess your situation and come up with strategies for you to obtain maximum compensation.