Drunk Driving Accidents
Drunk Driving Accidents
We want to hear from you
If you have been injured by a drunk driver then contact us immediately!
If you have been injured by a drunk driver then contact our San Diego personal injury attorneys today
Our San Diego drunk driving accident attorneys are experienced in getting full and fair compensation for the harms that our clients suffer by the recklessness of drunk drivers. We are nationally recognized and award winning attorneys who fight for those who have been injured by drunk drivers. With offices available in San Diego, Carlsbad, Escondido, Irvine, San Bernardino, Riverside and Los Angeles, the Mason Firm represents injury victims throughout Southern California.
Why victims of a DUI crash need a civil attorney
The
We represent the victims of drunk driving crashes. While the District Attorney's office prosecutes the criminal case, no one will prosecute the civil case unless you hire an attorney experienced in representing the victims of drunk driving crashes. The criminal case is meant to punish the drunk driver but does not compensate the victims of the drunk driving crash. It is only through the civil case that the victims of the drunk driving crash can be compensated for all of the harm that they have suffered.
Damages for your Injuries
You are entitled to damages for the injuries you have suffered
In a drunk driving accidents, you may be entitled to recover damages for the following:
- Past and future medical bills
- Past and future lost wages
- Future lost earning capacity
- Past and future pain and suffering
- Property damage to your vehicle and other damaged items
- Loss of Use of your vehicle
- Punitive damages (see below for more)
- And more....
Types of Injuries
The injuries in a drunk driving accident can be severe
Drunk Driving injury victims often result in serious and permanent injuries or death. We represent victims who have suffered serious injuries, including but not limited to:
- Permanent disability or death
- Traumatic Brain Injuries (TBI)
- Spinal Injuries
- Orthopedic Injuries
- Neck Pain
- Back Pain
- Whiplash
- Shoulder Injuries
- Wrist Injuries
- Knee Injuries
- Hip Injuries
- SI Joint Injuries
- Cervical Spine Injuries
- Thoracic Spine Injuries
- Lumbar Spine Injuries
- Radicular Pain and Numbness into arms
- Radicular Pain and Numbness into legs
- Disc Herniations
- Nerve Injuries
- And more....
Punitive Damages in a DUI Civil Case
The law in California allows the victim of a DUI crash to seek punitive damages to punish the drunk driver.
In Taylor v. Superior Court (1979) 24 Cal.3d 890, the California court held that punitive damages may be assessed where the defendant was driving under the influence of alcohol at the time of the collision. The court concluded that in order to justify an award of punitive damages on this basis, the plaintiff must establish that the defendant was aware of the probable dangerous consequences of his conduct and that he willfully and deliberately failed to avoid those consequences. Id.
at 895-896.
This means that a plaintiff must establish a high probability of injury occurring, and not merely foreseeability of an injury arising from driving a vehicle while intoxicated. (Taylor v. Superior Court
(1979) 24 Cal.3d 890, 892-893.)
In the case of Dawes v. Superior Court (1980) 111 Cal.App.3d 82, the Court of Appeals held that driving under the influence may, in appropriate circumstances, evidence a conscious disregard of probable injury to others and be sufficient to warrant an award of punitive damages. Id.
at 88.
The court in Dawes noted that conscious disregard of the probability of injury to others under the circumstances, as distinguished from foreseeability of injury, must be established to prevail on a claim for punitive damages and that the act of driving while intoxicated, without evidence of circumstances demonstrating the probability of injury to others, is not sufficient alone to support a claim for punitive damages. (Dawes v. Superior Court (1980) 111 Cal.App.3d 82,88.)
It is because of this complicated set of laws that the victims of injuries from a drunk driving crash need an attorney on their side who is experienced in prosecuting personal injury cases for driving under the influence.
Some Recent
Drinking and Driving Statistics
30
the number of people who die everyday in the United States because of drunk drivers! (NHTSA 2017)
48
One person dies every 48 minutes in the United States from drunk driving. (NHTSA 2017)
10,000
10,000 lives per year lost to drunk driving crashes in the United States (NHTSA 2017)
44
44 billion dollars per year in costs related to the deaths and damages from drunk driving. (NHTSA 2017)
Our Most Recent Car Accident Results
$1,075,845.00
$1,075,845.00 jury verdict in disputed mild traumatic brain injury against a school district.
$1,800,000.00
$1,800,000.00 settlement in car accident case resulting in cervical fusion surgery.
Contact Us
Have a question? We are here to help. Send us a message and we’ll be in touch.
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Contact info
(858) 444-5256bmason@theGomezFirm.com
Main Office:
San Diego, CA
Other Locations by Appointment Only: Escondido, Carlsbad, Irvine, Riverside, San Bernardino, and Los Angeles
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Attorney Brian Mason is responsible for this website. This website is for advertisement purposes only and nothing in this website shall be construed as legal advice. The results of prior cases contained in this website is not a guarantee of any results as results in any case may vary. Viewing this wesbite does not create any attorney-client relationship with the Mason Firm or its attorneys.