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California Drunk Driving Accident Lawyer

Driving while under the influence, or a DUI, is a criminal offense in most states, including California. Drunk drivers are more likely to run red lights, speed, or engage in other reckless conduct that endangers themselves and others. Our California drunk driving accident lawyers at Cutter Law, P.C., will help accident victims pursue justice.

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Despite the known dangers, many people drive under the influence, which may result in a crash. Drunk driving accidents also can cause catastrophic injuries to victims. Nobody should have their life radically altered because of another person’s recklessness.

If you or a loved one has been injured in a drunk driving crash, you need to know your rights. At Cutter Law, our California car accident lawyers have helped DUI victims get justice and compensation for their injuries. We are passionate about helping our clients get what they need to rebuild their lives and will work tirelessly for you.

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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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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:

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.

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.

Testimonials

Daniel
Daniel
This is a high quality Law firm. This firm is top of the line and present information clearly and concisely.
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This is a family owned business and extremely friendly. The whole crew is very profession and reputable. They are highly knowledgeable in their trade and bring a top level of expertise to any inquiry. I would highly recommend this Law firm. These are wonderful people and they will help you get the justice you deserve.
Bryan H.
Bryan H.
My experience with Cutter Law has been extremely positive.
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The staff are professional, responsive, and passionate about their clients. Highly recommend this law firm.
Michael D.
Michael D.
Cutter Law is the one to call for sound legal advise and the firm to rely upon for solid support.
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There's this thing about lawyers ... they often forget the first word in their title, Counselor at Law. Well, Margo Cutter practices the full spectrum of her profession. Though she has not represented me in litigation, I have benefited from her kind support and sound counsel regarding a traumatic injury I sustained due the negligence of others and the subsequent unbearable pursuit for justice. Thank you, Margo.
Valerie
Valerie
I had the pleasure of working with the Cutter Law P.C firm recently and it was a very positive experience.
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Their people were professional, thorough, and expressed true consideration in their deliverance. I highly recommend them to anyone.
Miguel O.
Miguel O.
If aggressive, smart attorneys are what you need then look no further.
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CL took on my personal injury injury case without me needing to put in a retainer fee all while making sure I was prepared and on time for my court dates. You can always try submitting a case evaluation to see if they are the right attorneys for you before committing.
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Our Office Locations

Sacramento Office
401 Watt Avenue Suite 100
Sacramento, CA 95864
Phone: 916-290-9400

Oakland Office
Cutter Law P.C.
1999 Harrison Street Suite 1400
Oakland, CA 94612

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