Drunk Driving Lawyers in Encino

Seeking Justice for DUI Accident Victims

Driving under the influence of alcohol may result in serious car accidents that cause injuries or death for other drivers and their passengers. Though the inherent danger of drunk driving is common knowledge, some negligent drivers ignore this fact and get behind the wheel while impaired, causing DUI accidents that injure other people.

If you’re a victim of an Encino drunk driving accident, you should contact a DUI accident attorney to advise you on pursuing compensation. At V&A Law Firm, our compassionate drunk driving accident lawyers know how life-altering serious car accidents can be, as injured victims face expensive medical bills, vehicle damage, and more. We work hard to get our clients the monetary damages they deserve, so contact us to discuss your case of a drunk driving accident.

California Drunk Driving Laws

California’s strict approach to alcohol-impaired driving aims to protect the public from harm. Vehicle Code § 23152 makes it unlawful for any person to operate a motor vehicle under the influence of alcohol. A driver with a blood alcohol concentration (BAC) of 0.08% or higher can face arrest, criminal charges, and license suspensions.

Drivers under 21 or those operating commercial vehicles may be subject to even lower BAC thresholds. Law enforcement officers routinely administer field sobriety tests or chemical tests when they suspect impairment. Refusal to comply may trigger additional penalties, such as a lengthier license suspension.

When someone chooses to drive drunk, they violate a legal duty to exercise reasonable care, exposing them to civil liability if they cause injuries. California prosecutors handle the criminal aspects of a DUI, seeking punishments that can include fines, jail time, and probation. However, victims of drunk driving accidents must generally file a separate civil action to pursue compensation for medical bills, lost wages, and other losses. Civil claims hinge on proving the driver’s negligence, which can be more straightforward when a DUI arrest or conviction exists.

Courts often view drunk driving as reckless behavior, and a defendant might face punitive damages in cases involving severe injury or loss of life. Public awareness campaigns and roadside checkpoints underscore the seriousness of impaired driving. Yet, accidents still occur when individuals disregard the law and place others at risk.

What Are Common Injuries Suffered By Victims of Drunk Driving Accidents?

Drunk driving accidents are often very serious because impairment can affect drivers in various ways, causing them to make dangerous decisions that they normally wouldn’t make. For example, they might speed or drive recklessly because the alcohol removes their inhibitions and gives them inflated confidence behind the wheel. Even drunk drivers who believe they’re driving carefully make tragic mistakes due to fatigue, blurry vision, and slower reaction times, so they might drive into oncoming traffic or run red lights.

These actions can cause head-on collisions, rollover crashes, and other types of accidents at high speeds. In many cases, the drunk driver might walk away from the accident unharmed, while their passengers or people in other cars sustain serious injuries that include:

Broken bones: High-speed collisions often cause occupants to be thrown against hard surfaces or crushed within their vehicle. The force of impact can fracture arms, legs, ribs, pelvis, and facial bones. These injuries may require surgical intervention, physical therapy, and extended time away from work. In some cases, bones may heal improperly, leading to long-term discomfort or reduced mobility.
Traumatic brain injury (TBI): A TBI occurs when the head suffers a violent jolt or blow, which is common in drunk driving accidents, especially during rollovers or head-on collisions. Even when seat belts and airbags deploy, victims can suffer concussions, brain swelling, or internal bleeding. A TBI can cause memory loss, cognitive decline, personality changes, or lead to permanent disabilities. Some victims require lifelong care and ongoing neurological treatment.
Internal injuries: Blunt force trauma from a crash can damage organs, blood vessels, or internal tissues even without visible wounds. Internal bleeding is particularly dangerous because it may not be immediately detectable but can become life-threatening without prompt medical attention. These injuries often occur when the body is compressed against a seatbelt or slammed against a dashboard or door.
Organ damage: Specific organs—such as the liver, spleen, kidneys, or lungs—may be severely damaged in a drunk driving crash. A ruptured organ can cause internal bleeding, toxic leakage into the body, or complete organ failure. In the most severe cases, victims may require emergency surgery or transplants, and permanent impairment is possible depending on the organ and the severity of the damage.
Spinal cord injuries: The spine is particularly vulnerable in collisions involving rollovers or forceful impacts. Spinal cord injuries may result in chronic back pain, nerve damage, or complete or partial paralysis. These injuries often require surgery, rehabilitation, and assistive devices such as wheelchairs or mobility aids. In some cases, victims lose the ability to work or perform basic daily functions independently.
Wrongful death: Tragically, drunk driving accidents are a leading cause of preventable fatalities. Survivors of victims may bring wrongful death claims when a loved one is killed due to another driver’s intoxicated behavior. These lawsuits seek compensation for funeral expenses, lost future income, loss of companionship, and the emotional toll endured by surviving family members. Fatal crashes involving impaired drivers can leave lasting impacts on entire families and the community.

If you or a loved one suffered these or other serious injuries, you should talk to our Encino, CA, drunk driving accident lawyers about filing a personal injury claim against the at-fault driver. Call our Southern California law firm for legal advice.

Liability Beyond the Driver

Drunk driving accidents may involve multiple entities who share responsibility if they contributed to the collision.

Certain situations expand liability beyond the impaired individual:

Vehicle owners: An owner who lends a car to someone they know is unlicensed, intoxicated, or otherwise unfit can face negligent entrustment claims.
Bars or restaurants: Establishments serving alcohol to an obviously intoxicated patron may face legal exposure under specific scenarios, though California’s dram shop laws are narrower than in some states.
Employers: If a driver was on the job while impaired, the employer might be responsible under vicarious liability principles, provided the driver acted within the scope of employment.
Event hosts: Social hosts who supply alcohol recklessly to underage guests could be liable if a drunk minor causes a crash.

In each instance, victims must show a direct link between the additional party’s actions (or inaction) and the resulting injuries. Even when the law makes it challenging to pursue these claims, exploring third-party responsibility can broaden potential avenues of financial recovery.

Understanding Criminal vs. Civil Proceedings

When police arrest a drunk driver, prosecutors handle the criminal case on behalf of the state. Criminal proceedings focus on penalizing the defendant for violating laws meant to safeguard the public. Convictions can lead to incarceration, fines, or probation. While such outcomes punish wrongdoing, they do not guarantee compensation for harmed individuals.

A civil lawsuit, on the other hand, specifically targets a drunk driver’s liability to the victim. Plaintiffs must prove negligence or recklessness by a preponderance of the evidence, a lower standard than the “beyond a reasonable doubt” used in criminal trials. Even if a driver avoids criminal conviction, an injured party can still prevail in civil court by showing that impairment was a substantial factor in causing the crash.

Conversely, a criminal DUI conviction can simplify civil cases, as courts often treat it as strong evidence of wrongdoing. However, separate legal strategies, timelines, and evidence rules apply in civil litigation. Engaging counsel proficient in both areas can help ensure no opportunity for recovery is overlooked.

Role of Blood Alcohol Concentration

BAC measures the percentage of alcohol in a person’s bloodstream. In California, a reading of 0.08% or higher typically indicates legal intoxication for drivers operating non-commercial vehicles. At 0.08%, critical driving skills such as reaction time, depth perception, and coordination can be significantly impaired.

Commercial drivers face stricter limits, often set at 0.04%, reflecting the elevated responsibility they hold. For underage drivers, any detectable amount of alcohol above 0.01% can lead to license suspension. In civil proceedings, BAC data helps illustrate the degree of a defendant’s impairment, especially if it exceeds the legal threshold by a substantial margin. Experts might testify about how a high BAC influences cognitive functions or risk-taking behavior.

Despite the significance of quantitative measurements, even a driver testing just below 0.08% can be deemed impaired if evidence shows they failed to operate the vehicle safely. BAC readings are not the sole determinant of fault, but they provide objective metrics that often tip the scales in a plaintiff’s favor when negotiating with insurance carriers or presenting a case to a jury.

Impact on Victims’ Families

Loved ones can suffer immense emotional, financial, and social harm when a relative is injured or killed by a drunk driver. Families often step in as caregivers, helping the victim recover from traumatic brain injuries, amputations, or long-lasting disabilities. Treatment costs, specialized equipment, and home modifications can strain household budgets. Children might lose parental guidance, while spouses face diminished companionship or loss of consortium.

In fatal crashes, families may wrestle with sudden funeral expenses, potential relocation needs, and reduced income. Where permanent injuries limit a victim’s earning potential or daily independence, families may provide consistent support for years to come. This extended responsibility places additional stress on marriages and siblings, sometimes necessitating professional counseling or therapy.

Under California law, close relatives can seek financial redress for these burdens through wrongful death or survival actions. The extent of damages can hinge on factors such as the victim’s age, health, and projected future earning capacity. Many believe stricter punishments and policy reforms to discourage drinking and driving, with residents transforming a personal tragedy into community action.

How Can You Prove That an Intoxicated Driver Caused the Crash?

As an injured victim, it’s not necessarily up to you to prove that the at-fault driver was impaired. If you hire an Encino drunk driving accident attorney, they will investigate the car accident to determine what caused it. However, you can strengthen your personal injury case early on if you tell the police that you suspect that the driver who caused the crash was drunk.

If you see a driver swerving, driving the wrong way, slurring their speech, or stumbling after stepping out of the car, you can tell the police your observations, so the facts are in the police report. Of course, in most cases, the police will observe these signs on their own and ask the suspected drunk driver to take a test to determine their blood alcohol concentration (BAC). But letting the police know your concerns can ensure that a drunk driver doesn’t go unnoticed by a busy police force dealing with a chaotic car accident scene.

If the drunk driver gets a DUI conviction in criminal court, this can become evidence in your drunk driving accident claim, as it will be clear they caused the crash. But if they’re not accused of a DUI offense or their criminal charges are pending, experienced personal injury attorneys can look for evidence that they were driving under the influence. Such evidence could include:

Witness testimony
Video footage of the car accident
A history of driving under the influence, such as a prior California DUI charge
Receipts or videos proving the driver was drinking before the crash

If you’re unsure you have enough evidence to request compensation after a drunk driving crash, contact our drunk driving accident attorneys. We have helped numerous drunk driving accident victims get the compensation necessary to pay for their medical expenses, motor vehicle repairs, and more. Call our law offices to discuss your California drunk driving accident today.

What Damages Can You Seek After a Serious California DUI Accident?

Drunk driving accident claims are meant to help injured victims get the money they need to pay for any expenses caused by the DUI crash. Drunk driving accidents have expensive consequences for the victims involved, especially for those who were severely injured or lost a loved one due to the negligent act of a drunk driver. This is why most drunk driving accident cases request personal injury compensation for the following:

Medical bills
Lost wages
Loss of earning capacity
Pain and suffering
Reduced quality of life
Disfigurement
Amputations

If you lost one or more family members in a California drunk driving accident, your personal injury attorney can help you seek compensation for a wrongful death claim. With this type of civil case, you can pursue damages for funeral and burial expenses, medical costs, lost wages, loss of companionship, and more. A skilled California drunk driving accident lawyer can guide you through your DUI accident claim against the drunk driver’s insurance company, so contact us for a free consultation to discuss your case.

Dealing with Insurance Companies

Handling insurance claims after a drunk driving crash can be complicated, especially if the defendant’s policy coverage is insufficient to meet catastrophic injuries. Insurers commonly investigate a claimant’s medical records, fault arguments, and prior health conditions to minimize payouts. Adjusters may offer quick settlement deals that under-represent the true extent of physical, emotional, and financial harm. They could also request recorded statements, seeking inconsistencies to reduce liability.

Victims should be wary of signing releases or giving comprehensive statements without consulting an attorney. A lawyer skilled in personal injury negotiations can present evidence of negligence convincingly, calculate long-term costs, and push back against unjust settlement tactics.

In cases where the impaired driver lacks insurance or flees the scene, plaintiffs may need to file claims with their own uninsured or underinsured motorist coverage. Litigation becomes more likely when the insurance company challenges the facts. By strategizing carefully with legal counsel, victims stand a better chance of securing fair compensation that addresses both present and future needs.

Frequently Asked Questions About Drunk Driving Cases

What happens if the drunk driver is uninsured?

Victims can turn to uninsured motorist policies on their insurance plans when the at-fault motorist lacks liability coverage. A civil lawsuit against the defendant might be the only option when a driver does not have auto insurance. Collecting a judgment may be challenging when a driver has limited assets.

Can I sue a bar or restaurant for serving the driver?

California’s dram shop laws are relatively narrow, making it difficult to hold a bar or restaurant responsible. Generally, bars and restaurants cannot be held liable unless they served an obviously intoxicated minor. Certain unique circumstances may still open the door to a claim, so consulting an attorney is advised.

Does a DUI conviction impact my injury case?

A drunk driver’s criminal conviction can bolster a civil claim. A conviction serves as strong evidence of negligence or recklessness, potentially expediting negotiations or court proceedings. However, even without a criminal conviction, a civil lawsuit can succeed if the plaintiff demonstrates that impairment played a key role in causing the crash.

How quickly should legal action be taken?

Swift action is wise. California’s statute of limitations for personal injury lawsuits typically requires filing within two years of the accident. If a government entity is involved—such as a public vehicle or roadway defect—shorter deadlines may apply. Promptly consulting an attorney ensures essential evidence is preserved and filing deadlines are met.

Are settlements possible without a lawsuit?

Many drunk driving accident claims are settled before a formal lawsuit is brought. Insurance adjusters may offer compensation after evaluating evidence of impairment and damages. Skilled legal representation can help determine whether a proposed settlement is fair or if litigation offers a better chance at adequate compensation.

How Can Drunk Driving Lawsuit Lawyers in Encino Help You?

V&A Law Firm has been providing drunk driving victims with legal support for years, holding drunk drivers accountable for the damage they cause through the negligent act of drunk driving. If a drunk driver caused a devastating collision that changed your life forever, it’s time to talk to drunk driving accident attorneys about your legal options as an injured victim.

When you hire us for your drunk driving case, we will work hard to prove that a drunk driver was at fault for the crash, and their insurance company needs to pay you a fair settlement through your civil claim. If you’re ready to speak to a legal team that regularly gets clients the maximum compensation for drunk driving lawsuits, call