Being struck by a drunk driver can turn your world upside down in a split second. The physical injuries can be severe, leaving you with mounting medical bills and a long road to recovery. The emotional trauma can be just as debilitating, causing anxiety, depression, and a sense of fear on the road.
In this challenging time, you shouldn’t have to fight for the compensation you deserve alone.
A Lancaster drunk driving accident lawyer at Kuzyk Law can help you navigate the legal process, hold the drunk driver accountable, and recover the maximum compensation for your injuries, lost wages, and pain and suffering.
We understand the complexities of drunk driving accident claims. We will ensure you receive fair treatment from insurance companies and the justice system.
Understanding Drunk Driving Accidents in Lancaster
The aftermath of a drunk driving accident can be overwhelming. Understanding the scope of the problem in Lancaster and the legal implications can help you move forward.
Drunk Driving Accidents Statistics in Lancaster
Drunk driving seriously threatens California roadways, and Lancaster is no exception. The 2022 California DUI Management Information System (DUI-MIS) Report report does highlight the concerning statewide trend:
Over 18,000 DUI crashes were reported in California.
This translates to roughly 50 DUI crashes reported daily across the state.
Drunk Driving Accident Penalties in California
California has harsh penalties for DUI offenses, mainly when the accident results in injuries or fatalities. Here’s a breakdown of the relevant sections you linked:
First-Time DUI (Vehicle Code (VC) Section 23622):
- Jail time: Minimum 48 hours, up to 6 months (with certain conditions, some jail time may be served through electronic monitoring).
- Driver’s license suspension: Minimum of six months.
- DUI program: Completion of a court-ordered alcohol and drug education program.
- Probation: Up to three years.
- Fines: Up to $3,900 (including court fees and assessments).
- Ignition interlock device (IID): Installation of an IID on the offender’s vehicle for at least one year.
DUI Causing Injury (VC Section 23540):
Depending on the severity of the injuries, a DUI-causing injury can be charged as a misdemeanor or a felony.
- Misdemeanor penalties can include up to one year in jail, a suspended or revoked driver’s license, fines, and court fees.
- Felony penalties can involve significantly harsher consequences, including:
- State prison sentences (typically 16 months, 2 or 3 years)
- Longer driver’s license suspensions or revocations
- Increased fines
- Mandatory IID installation for extended periods
DUI Manslaughter (VC Section 23550):
A DUI that results in a death is considered a felony, with potential penalties of:
- State prison sentences (typically 4, 6, or 10 years)
- Driver’s license revocation
- Substantial fines
- Mandatory IID installation
Types of Injuries and Damages
Traumatic Brain Injuries
TBIs can range from mild concussions to permanent impairments affecting memory, speech, and motor skills. The medical costs associated with TBI treatment and rehabilitation can be immense.
Spinal Cord Injuries
Drunk driving accidents are a leading cause of spinal cord injuries. These injuries can result in paralysis permanent loss of function, and require lifelong care.
Kuzyk Law’s Lancaster spinal cord injury lawyers understand the lifelong challenges associated with these injuries.
Internal Injuries
Internal bleeding and organ damage are serious complications that may not be immediately apparent after an accident. These injuries can require emergency surgery and extensive medical care.
Soft-Tissue Injuries
Whiplash, strains, and sprains are common soft-tissue injuries caused by drunk driving accidents. While they may seem minor initially, the pain and limited mobility they cause can significantly impact your daily life and work.
Broken Bones
Fractures can take weeks or months to heal and may require surgery and physical therapy.
Psychological Injuries
Post-Traumatic Stress Disorder (PTSD):
The trauma of a drunk driving accident can lead to PTSD, characterized by flashbacks, nightmares, and severe anxiety.
Depression:
Depression is a common consequence of a severe injury, causing feelings of despair and hopelessness.
Anxiety:
The fear of getting back on the road or even being in a car after a drunk driving accident is a common form of anxiety.
Why Choose Kuzyk Law
Experience Handling Drunk Driving Accident Cases
We understand the complexities of these cases, the specific laws applicable in California, and the tactics often employed by insurance companies.
Our experience allows us to build a strong case that maximizes your compensation.
Track Record of Success
Kuzyk Law has recovered over $1 billion for our clients. This proven track record demonstrates our commitment to securing the best possible outcome for every case we handle.
Personalized Approach to Client Representation
We understand that every drunk driving accident and every client is unique. We take the time to understand your circumstances, concerns, and goals.
Case Management
From investigation and negotiation to trial, if necessary, Kuzyk Law handles every aspect of your case. We will gather evidence, deal with insurance companies on your behalf, and ensure all deadlines are met.
We Hold Drunk Drivers Accountable: Intoxicated Driving is Negligent Driving
Drunk driving is a severe crime with devastating consequences. We believe in holding drunk drivers accountable for their actions.
By pursuing these cases, we help you recover compensation and send a strong message that drunk driving will not be tolerated.
Effects of Drunk Driving
The National Highway Traffic Safety Administration (NHTSA) highlights several dangers.
Blurred Judgment:
Alcohol clouds your ability to make clear decisions behind the wheel.
Fumbled Coordination:
Reacting quickly and smoothly becomes a challenge when you’re intoxicated.
Missed Movements:
Tracking other vehicles and potential hazards becomes a struggle.
Delayed Reactions:
Precious seconds tick by when you’re under the influence, slowing your response time in critical situations.
Tunneled Vision:
Drunk driving can narrow your field of vision, making it harder to see everything around you.
Know What to Do: After a Drunk Driving Accident in California
Being struck by a drunk driver can be a terrifying experience. Here’s a quick guide to help you navigate the immediate aftermath:
- Call 911: This is your top priority. Wait for the police to arrive and file an official report.
- Seek Medical Attention: Even if you feel okay initially, get checked out by a doctor or emergency room. Some injuries may not be immediately apparent.
- Exchange Information: Get the other driver’s name, contact information, insurance company, and license plate number.
- Document the Scene: If possible, take pictures of the accident scene, vehicle damage, and any visible injuries.
- Stay Silent: Don’t admit fault or discuss the accident with the other driver. Stick to the facts when speaking with the police.
- Get Legal Help: Contact a Lancaster drunk driving accident lawyer immediately. An experienced attorney can protect your rights and fight for your deserved compensation.
What You Should Avoid After A Drunk Driving Accident
- Stay at the scene. Leaving is a crime.
- Don’t admit fault. Stick to the facts.
- Don’t talk to the drunk driver or their insurance company.
- Social media silence! Avoid posting about the accident.
- Talk to a lawyer before any settlement.
Why Drunk Driving Accidents Happen: A Recipe for Disaster
Drunk driving accidents are far too common, and the reasons are clear:
Alcohol’s Toxic Grip:
Alcohol impairs your ability to drive safely, even in small amounts. Reaction time, judgment, and coordination all take a hit.
Misjudging Impairment:
Drunk drivers often underestimate how much alcohol has affected them, leading to a false sense of security behind the wheel.
Distracted Danger Zone:
Texting, talking on the phone, or any other distraction multiplies the risk when combined with alcohol.
Drowsy Driving’s Double Threat:
Drunk driving often goes hand-in-hand with fatigue, creating an even more dangerous situation.
How to Prevent Drunk Driving
Plan Ahead:
If you know you’ll be drinking, arrange a designated driver beforehand. This responsible friend stays sober and gets everyone home safely.
Know Your Limits:
Be honest with yourself about your tolerance. It’s always better to err on the side of caution and avoid driving after consuming any alcohol.
Call a Ride:
Ride-sharing apps like Uber or taxis are readily available in most areas. Don’t hesitate to use them if you’ve been drinking.
Stay the Night:
If you’re heavily intoxicated, consider staying over at a friend’s place or booking a hotel room. It’s not worth putting lives at risk.
Civil vs. Criminal Liability in DUI Cases
Drunk driving accidents involve two separate legal tracks:
Criminal Charges:
The drunk driver may face criminal prosecution for DUI, potentially resulting in jail time, fines, and license suspension.
Civil Lawsuit:
As the victim, you can pursue a civil lawsuit against the drunk driver to recover compensation for medical expenses, lost wages, pain and suffering, and property damage.
What Happens If the Criminal Charges Get Dismissed?
Your civil lawsuit can still proceed even if the criminal charges against the drunk driver are dismissed. A skilled lawyer can help you navigate this situation.
Remember, this is just a starting point. Consulting with a qualified Lancaster drunk driving accident lawyer is essential to understand your rights and options.
Lancaster Drunk Driving Accident FAQs
What should I do immediately after being involved in a drunk driving accident?
Call 911: This is your top priority. Ensure everyone’s safety and file a police report documenting the accident.
Seek Medical Attention: Even if you feel okay, a doctor’s evaluation is crucial to identify any potential injuries.
Exchange Information: Get the other driver’s name, contact details, insurance information, and license plate number.
Document the Scene (if possible): Take pictures of the accident scene, your vehicle damage, and any visible injuries. This evidence can be invaluable in your case.
Contact a Lancaster Drunk Driving Accident Lawyer: An experienced attorney can protect your rights and advise you on the next steps.
How can I prove that the other driver was drunk at the time of the accident?
Police Report: The police report will document any signs of intoxication observed by the officer, such as slurred speech or failed field sobriety tests.
Witness Statements: Witness accounts of the other driver’s erratic driving behavior can be strong evidence.
Blood Alcohol Content (BAC) Test Results: If the driver submitted to a breathalyzer or blood test, the results could provide concrete proof of intoxication.
What types of compensation am I entitled to in a drunk driving accident case?
Drunk driving accident victims may be entitled to various types of compensation, including:
- Medical Expenses: This covers past and future medical bills associated with your injuries and treatments.
- Lost Wages: If you’re unable to work due to your injuries, compensation can recoup lost income and future earning potential.
- Pain and Suffering: Compensation for the physical and emotional pain you’ve endured as a result of the accident.
- Property Damage: Reimbursement for repairing or replacing your damaged vehicle.
Is it possible to hold establishments liable for over-serving alcohol to the drunk driver?
California has Dram Shop Laws that allow lawsuits against establishments that overserve alcohol to patrons who cause accidents while intoxicated. An attorney can assess the specific circumstances of your case to determine liability.
How long do I have to file a claim for a drunk driving accident in Lancaster?
The statute of limitations for filing a personal injury lawsuit in California is generally two years from the accident date. It’s crucial to consult a lawyer as soon as possible to ensure you get this deadline.
Client Testimonials
At Kuzyk Law, we’re dedicated to fighting for the rights of drunk driving accident victims in Lancaster. Here’s what our satisfied clients have to say about their experience:
“The results speak for themselves. Kuzyk Law fought tirelessly on my behalf and recovered the maximum compensation I deserved. I’m incredibly grateful for their expertise and hard work.” – Lisa K.
Contact the Lancaster Drunk Driving Accident Attorneys at Kuzyk Law Today!
Have you been injured in a drunk driving accident in Lancaster? Don’t let a drunk driver leave you facing the financial and emotional burden alone.
Don’t wait! Contact Kuzyk Law today for a free consultation. Let our experienced team handle the legal complexities while you focus on healing.Call Now! (661) 945-6969 or visit our website for a free case evaluation.
