California Drunk Driving Accident Lawyers
How Can a Drunk Driving Accident Attorney Help You?
If you’ve been injured in an accident caused by a drunk driver, it’s normal to feel angry, frustrated, or sad. If you sustained severe injuries, you may worry about paying your medical bills and taking care of yourself and your loved ones.
When you hire a California drunk driving accident lawyer, they will handle your case so that you can focus on your recovery. A car accident lawyer will:
- Investigate the incident and gather the information needed to prove your case
- Interview witnesses
- File your car accident claim
- Negotiate with insurance companies to help you get fair compensation for your injuries
- Represent you in court if the case goes to trial
The DUI accident lawyers at Cutter Law will deliver outstanding legal representation at every step. We’ll help assemble evidence to win your case and work tirelessly to hold the drunk driver responsible for their actions.
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Featured Drunk Driving Accident Attorney
Attorney Margot Cutter views her job as a way of helping people get back up after they’ve been knocked down, whether it’s from a car accident, medical malpractice or the loss of a loved one.
Cutter Law is as good as it gets! Margot is an outstanding trial attorney.
What Is the Difference Between a Civil Drunk Driving Lawsuit and Criminal Charges?
There are several differences between a civil drunk driving lawsuit and criminal charges. They include:
Who Files the Case
Under California Vehicle Code 23513, driving under the influence of alcohol and drugs is a serious offense. State prosecutors will file criminal charges against violators.
When a drunk driving accident injures someone else, the injured person can file a civil court lawsuit against the tortfeasor to recover damages for their injuries.
Burden of Proof
In criminal drunk driving proceedings, the prosecution has to prove beyond a reasonable doubt that the driver was operating their vehicle while under the influence of alcohol or drugs to secure a conviction.
In a civil lawsuit, the burden of proof required is a preponderance of evidence. You only have to provide enough evidence showing that it’s more likely than not that the driver is responsible.
Effect of Conviction
If the driver is convicted of a DUI, you can use that as evidence of their negligence in a civil lawsuit. If the court renders a verdict against them, they will be liable for damages. If they are convicted of criminal charges, they could face jail time.
Can I Sue the Drunk Driver for My Injuries?
Yes, if you or a loved one was injured in a drunk driving accident, you can sue the driver for damages and receive compensation for your injuries.
Who Else Can Be Held Liable for Drunk Driving Accidents?
A party other than the drunk driver can be responsible for damages caused by a drunk driving accident. For example, under California Civil Code 1714, the parents of a person under 21 could be held responsible if they allowed their child to have a party with alcohol in their home and it leads to a guest’s drunk driving crash.
Drunk Driving Laws in California
Like other states, California prohibits people from driving with a certain blood alcohol concentration, or BAC. It is illegal for a person to drive if they have the following:
- BAC level of 0.08 percent or higher if they are over 21 years old
- BAC level of 0.01 percent or higher if they are under 21 years old
- BAC level of 0.01 percent or higher at any age if they are on DUI probation
- BAC level of 0.04 percent or higher if they drive a vehicle that requires a commercial driver’s license
- BAC level of 0.04 percent or higher if they are driving a passenger for hire
Dram Shop Laws
Under California Business & Professions Code section 25602.1, a vendor who sells alcohol to an obviously intoxicated minor can be held liable to anyone injured in a crash caused by the minor.
Time Limit for Filing a Civil Lawsuit Against the Drunk Driver in California
Under California’s statute of limitations for car accident cases, you have two years to file your drunk driving accident claim. Time is not on your side after an accident. Contact our drunk driving accident lawyers at Cutter Law soon after the crash so we can timely file your claim.
Damages You Can Recover for Injuries Caused by a Drunk Driving Accident
If you have a valid injury claim against a drunk driver, you can receive compensation for your economic and non-economic damages, including:
- Medical bills
- Rehabilitation cost
- Property damage
- Lost income, future income, and earning capacity
- Pain and suffering
- Emotional distress
- Wrongful death
What Should I Do After an Accident With a Drunk Driver?
After a serious accident, it’s common to feel confused and overwhelmed. Here are the steps you should take:
- Seek medical treatment: Visit the hospital immediately after your crash and get a medical report, even if your injuries are minor. Some injuries may show up days or weeks after your crash. A medical report will help prove the extent of your injuries.
- Call the police: Report the accident to the police so they can visit the scene and file an official report, which will help show that the driver was drunk.
- Take pictures: Snap photos of your injuries, vehicle damage, and the accident scene. This can help prove your claim in civil court.
- Get eyewitness contact details: If there are people who witnessed the accident, get their names and contact information.
- Document the accident: Get the names and contact details of the other party or parties involved in the accident, including their names, phone numbers, license plate numbers, and insurance information.
- Don’t sign or make statements: A representative from the driver’s insurance company may ask you to sign or make a statement. Don’t talk to them or do anything before speaking with an attorney.
- Speak with a lawyer: Contact a car accident lawyer for guidance.
Contact a lawyer. They can help in a number of ways. They can help identify responsible parties, investigate case theories, and assist you in recovering the most amount of money possible.
Marot Cutter,
Partner at Cutter Law
401 Watt Avenue Suite 100 Sacramento, CA 95864
1901 Harrison Street Suite 910 Oakland CA 94612
51 E St Santa Rosa, CA 95404
Why Choose Our California Drunk Driving Accident Lawyers at Cutter Law?
Our experienced California drunk driving accident lawyers at Cutter Law will seek to hold those responsible for your injuries fully accountable. Our combined 130 years of legal experience and history of obtaining eight-figure settlements and verdicts for our clients means you can trust us to provide impeccable legal representation.
Contact us today for a free review of your drunk driving case, and let our skilled lawyers put our experience to work.
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Start with a free consultation. We listen to what happened, how it’s affected your life, and what you need to move forward.
You’ll have a direct line to our attorneys. We keep communication open and ensure you always know what’s happening with your case.
From day one, we go all in—gathering evidence, negotiating with insurers, and preparing for trial if needed. You pay nothing unless we win compensation for you.
The process for filing an insurance claim boils down to getting the information that your insurance company will need to pay your benefits.
Economic damages are the losses you can measure with dollars and cents, such as your lost wages, your past medical bills, and your future medical bills.
If medical bills exceed the at-fault driver’s policy limits, you can pursue compensation through other sources, such as underinsured motorist coverage.
As a family run California law firm we pride ourselves in providing every client personal attention and representation. The outstanding results we have gotten for our fire clients are a direct result of our commitment to understanding and presenting all aspects of their case.
Hear from our previous clients about the relationships we build together.
In October of 2019, I lost my leg because of a driver running a stop sign. I called Cutter Law from the hospital room. The next day, I met Margot Cutter after she traveled 200 miles to the hospital to meet me. After meeting and talking to Miss Cutter, I hired Cutter Law to represent me. Best decision ever!! Margot herself handled my case. She made sure my medical bills were taken care of and got me a great settlement. Cutter Law bent over backwards to take care of me. Margot Cutter is more than my attorney; she has become a friend. I will not hesitate to recommend Cutter Law!! Everybody in the office has been great. There is NO doubt in my mind, Cutter Law P.C. was absolutely the right choice.
“I found Margot and Brooks Cutter when I was looking for car accident lawyers in Sacramento to help me with my case. I am very glad I did. They were extremely professional and courteous and explained the process of recovery. They took the time to listen to my story and stayed in contact with me at every stage. If you are looking for the best Sacramento personal injury attorneys, Cutter Law is it!
Brooks has a long-established, respected reputation as a skilled trial attorney and a record of proven success.