Driving under the influence (DUI) of alcohol is a serious crime that takes many lives in California each year. Drunk drivers in San Francisco put everyone else on the road at extreme risk.
If you get involved in a car crash with an impaired driver, a San Francisco accident attorney at Jacoby & Meyers can help you understand your rights and protect them as you work through the claims process.
We are committed to fighting for justice for DUI accident victims and their families in the San Francisco Bay Area. Contact us today for a free consultation about your case.
What Are California’s Drunk Driving Laws?
Under California Vehicle Code 23152, it is against the law for “a person who is under the influence of any alcoholic beverage to drive a vehicle.” A driver can receive a “DUI per se” charge, or a DUI without any further proof of intoxication required, if he or she has a blood alcohol concentration (BAC) of 0.08 percent or higher.
Commercial drivers have a lower maximum BAC of 0.04 percent. Drugged driving is also against the law in California. If a driver is impaired at all by any drug, even a prescription medication, he or she can be found guilty of DUI.
The penalties for a DUI conviction in California include driver’s license suspension, mandatory jail time and hefty fines. If an intoxicated driver causes a car accident, the charges are often escalated to aggravated DUI (a felony).
The Dangers of Drunk Driving in San Francisco
Driving under the influence is a significant crash factor in the City of San Francisco. According to the California Office of Traffic Safety, 344 serious and fatal accidents in San Francisco (and 429 throughout San Francisco County) involved alcohol in 2023.
Drunk driving dramatically increases the odds of a car accident due to the various ways it impairs the ability to drive, including:
- Slower reflexes
- Reduced reaction times
- Poor judgment
- Bad decision-making
- Greater odds of speeding and reckless driving
- Lack of awareness of surroundings
- Blurred vision
- Muscle weakness
- Drowsiness
Drunk drivers are likely to cause catastrophic types of accidents, such as high-speed collisions, intersection accidents, T-bone accidents, wrong-way accidents and head-on collisions. These crashes can cause multiple serious injuries and fatalities.
Common Injuries From DUI Accidents in San Francisco
Drunk driving accidents in San Francisco often result in serious injuries that have a major impact on the lives of victims. Common examples include:
- Broken bones
- Whiplash and neck injuries
- Soft-tissue damage
- Head and brain injuries
- Spinal cord injuries (including paralysis)
- Internal injuries and organ damage
- Severe lacerations
- Burn injuries
- Scarring and disfigurement
- Amputations
- Fatal injuries (wrongful death)
DUI accident victims can face life-altering injuries, expensive medical treatments, and ongoing therapies and rehabilitation. A drunk driving accident claim can provide the victim with compensation for related damages.
In some cases, drunk driving accidents may result in death. If you have lost a loved one in a DUI accident, our San Francisco wrongful death attorneys can guide you through the process of filing a wrongful death claim.
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Who Pays for a Drunk Driving Crash in San Francisco, CA?
California is a fault state, not a no-fault state, when it comes to liability (financial responsibility) for auto accidents. This means it’s possible to hold a drunk driver accountable for causing an accident in San Francisco.
The intoxicated driver should have at least $30,000 per person and $60,000 per accident in bodily injury insurance, plus $15,000 for property damage, available under California’s vehicle coverage requirements.
You may be able to access other insurance policies, as well, such as those of a third party. Under California’s dram shop laws, for example, you may be able to hold an alcohol vendor or supplier responsible for furnishing the drunk driver with alcohol if the driver was underage or already visibly intoxicated.
Evidence to Prove Drunk Driving During an Injury Claim in California
To receive insurance coverage from a drunk driver in San Francisco, you or your San Francisco drunk driving accident attorney needs to prove that the driver owed you a duty of care, breached this duty of care by driving while intoxicated and that this caused your car accident.
Proof of drunk driving is typically enough to establish fault in a car accident case. Evidence may include BAC or blood alcohol test results, field sobriety test performance, police bodycam footage, a DUI conviction from a criminal court, empty alcohol containers in the driver’s car, witness statements, or a confession from the driver.
If it can be established that the other driver was intoxicated by alcohol and/or drugs at the time of your crash, you can access coverage from his or her car insurance company. A San Francisco personal injury lawyer can seek and gather evidence to prove your claim against a driver, a dram shop or another party.
What Damages Are Available for a DUI Crash in San Francisco?
The dramatic losses you may suffer from an accident involving a drunk driver can be difficult to ever completely overcome. With a fair and full settlement or judgment award, you may find it easier to move forward and pay your related bills.
You may be eligible for the following types of financial compensation:
- Present and future necessary medical care
- Property damage
- Lost wages and future ability to earn
- Permanent disability
- Scarring or disfigurement
- Pain and suffering
- Wrongful death damages (if appropriate)
Getting fair compensation for your DUI accident case can also mean holding the drunk driver accountable, bringing you and your family justice during this difficult time. A San Francisco drunk driving accident lawyer can help you recover the full amount of compensation you deserve.
Contact Our San Francisco Drunk Driving Accident Lawyers Today
Having an attorney in your corner who cares about you, your case and your future can make all the difference during your claim – especially if you have significant injuries and catastrophic losses. In a high-stakes drunk driving accident case, the right lawyer will fight for justice on your behalf in and out of the courtroom.
A San Francisco drunk driving accident attorney can carefully investigate the crash, collect evidence of driver intoxication and impairment, work with the police, hire experts, and take over negotiations with an insurer for you. If necessary, a lawyer can take on an insurance company, business or another party at trial in pursuit of a fair outcome.
At Jacoby & Meyers, our San Francisco drunk driving accident lawyers will put decades of experience and an exceptional legal team to work on your behalf to achieve the best possible case results. Call our local law office’s 24/7 hotline at (415) 855-4289 anytime or contact us online for your free case review. Because you deserve justice.