Irvine Drunk Driving & DUI Lawyer

Irvine Drunk Driving & DUI Lawyer

Throughout all counties in California, Orange County has the highest rate of DUI arrests. DUI accidents are also very common in Orange County, which could pose serious safety risks for other drivers, motorcyclists, pedestrians, and bicyclists on the road. 

If you have been involved in a DUI accident in Irvine, California, look no further. Our top rated DUI attorneys in Irvine represent car accident victims who have been injured and have suffered damages because of another driver who was driving under the influence of alcohol or drugs. DUI accidents are somewhat more straightforward than other vehicle and motorcycle accidents. 

How do I prove a DUI accident in Irvine?

If you’ve been involved in a car accident in Irvine and suspect the other driver was under the influence of alcohol or drugs, it’s crucial to understand how to gather evidence and pursue legal action. Here’s a comprehensive guide to help you navigate the process.

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1. Report the Accident Immediately

After a collision, especially if DUI is suspected, call 911 immediately. The responding officers will assess the situation, interview all parties involved, and create a police report. This report is essential for both criminal and civil proceedings.

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2. Obtain the Police Report

In Irvine, you can request a copy of the police report from the Irvine Police Department’s Records Bureau. Requests can be made online, by mail, or in person. Typically, reports are available within 5 to 10 business days, depending on the complexity of the incident.

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3. Collect Additional Evidence

Beyond the police report, gather other forms of evidence to strengthen your case:

• Photographs: Take clear pictures of the accident scene, vehicle damages, and any visible injuries.
• Witness Statements: Collect contact information and statements from any witnesses present.
• Medical Records: Keep detailed records of any medical treatments and diagnoses related to the accident.
• Surveillance Footage: If available, obtain any nearby CCTV or dashcam footage that may have captured the incident.

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4. Understand the Legal Distinction: Criminal vs. Civil Cases

It’s important to note that criminal DUI charges and civil lawsuits are separate:

• Criminal Case: Prosecuted by the state, aiming to penalize the offender.
• Civil Lawsuit: Filed by the victim to seek compensation for damages.

You can pursue a civil lawsuit even if the other driver hasn’t been convicted of DUI. In California, a DUI conviction can serve as evidence of negligence per se in a civil case. This means the defendant’s violation of DUI laws is considered proof of negligence.

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5. Consult with an Experienced Personal Injury Attorney

Navigating the complexities of a DUI-related accident claim can be challenging. An experienced personal injury attorney can guide you through the process, help gather necessary evidence, and represent your interests in negotiations or court.

Common Signs of Drunk Driving

1. Erratic Driving Patterns

Impaired drivers often exhibit erratic behaviors, such as:

• Swerving or weaving between lanes.
• Drifting too close to or hugging the centerline or shoulder.
• Tailgating other vehicles.
• Sudden or unnecessary lane changes.
• Driving at inconsistent speeds, either too fast or too slow.

These behaviors can be indicative of impaired judgment and delayed reaction times.

2. Physical Indicators

Certain physical signs may suggest a driver is under the influence:

• Slurred or incoherent speech.
• Bloodshot or red eyes.
• The smell of alcohol on the driver’s breath or in the vehicle.
• Difficulty maintaining balance or coordination.
• Unsteady or erratic movements.

These signs are often observed during traffic stops and can be used by law enforcement to assess impairment.

3. Inconsistent Use of Vehicle Controls

Impaired drivers may misuse vehicle controls, such as:

• Leaving turn signals on without turning.
• Driving with headlights off at night.
• Making wide turns or cutting corners.
• Stopping abruptly or failing to stop at traffic signals.

These actions can indicate a lack of attention or impaired decision-making.

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Understanding Impairment

Alcohol and drugs affect the brain’s ability to process information and respond to stimuli. Even small amounts can impair:

• Judgment and decision-making.
• Coordination and motor skills.
• Reaction times.
• Concentration and attention.

These impairments increase the risk of accidents and unsafe driving behaviors.

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What to Do If You Suspect Drunk Driving

If you observe a vehicle exhibiting signs of impaired driving:

1. Maintain a Safe Distance: Keep a safe distance from the vehicle to avoid potential hazards.
2. Do Not Attempt to Intervene: Avoid confronting the driver directly.
3. Contact Authorities: Call local law enforcement or 911. Provide detailed information, including:
   • Location and direction of travel.
   • Description of the vehicle (make, model, color, license plate number).
   • Specific behaviors observed.

Your timely report can assist authorities in preventing potential accidents.

What should I do after an accident with a drunk driver in Irvine?

• After you contact law enforcement, take photos of the accident scene, along with any damage that you have to your vehicle, and to the other vehicle as well. It is very important that you take photos of the accident scene and the position of the vehicles involved. This will help your attorney tremendously when trying to piece together how the accident happened. You should take as many photos and videos as you can since the vehicles will be moved and the accident scene may probably change by the time you file a lawsuit.
• If there were any eyewitnesses to the accident, make sure that you get their contact information. Usually, witnesses play a very important role in Irvine DUI accidents. But, considering that  DUI accidents usually happen late at night, witnesses may be hard to find.
• You should seek medical treatment immediately. Drunk driving accidents lead to severe injuries that may need immediate treatment and imaging to determine the cause of the accident.
• After the accident, obtain your police report. The police report will go into specifics as to whether they conducted sobriety tests, and whether the other party was driving under the influence. 
• Hire an experienced Irvine attorney to get started with your DUI lawsuit. our attorneys handle all the civil side of DUI accidents to make sure that you have compensated for the injuries and damages that you have suffered.

What type of compensation could I receive for my car accident with a drunk driver in Irvine?

•  Medical bills
•  Lost wages
•  Future lost earnings
•  Prescription medication
•  Physical therapy
•  Damage to your vehicle
•  Pain and suffering
•  Mental anguish

How much is my Orange County car accident case worth?

There are several different details that our Irvine accent attorneys must have to know before explaining how much your car accident lawsuit may be worth. But, given that there is a drunk driver, you may receive more in compensation because the drunk driver intended to go into their vehicle and drive after knowingly drinking or doing drugs. The value of your case depends on several factors, including:

• The severity of your injuries: this takes a look at what injuries you have suffered, and whether they are temporary or permanent. Your medical bills are also a key indicator of the value of your lawsuit, and whether you will need any future medical care.
• Property damage to your vehicle: your vehicle most likely was damaged when the drunk driver collided with your car. The cost of repairing or replacing your car is also a key factor in determining the value of your lawsuit.
• Lost wages:  the amount of time that you spend from work could entitle you to compensation for lost earnings.
• Insurance coverage:  in the event that you decide to file a claim with your insurance company, it could be limited depending on the insurance policy and the coverage. 
• Punitive damages: as mentioned above, an accident involving a drunk driver could lead to more in compensation than a standard car accident since the drunk driver’s actions could have been Reckless or malicious. Usually, punitive damages are not awarded by Orange County courts, except in cases of malicious intent by the other party. Drunk driving is a perfect example of how the other party had malicious intent.

How much does an Irvine DUI accident attorney cost?

Our Irvine lawyers work through contingency arrangements and only get compensated when we win compensation. This means that when we file a lawsuit against the drunk driver who was responsible for causing your accident, we will front all the necessary court costs and lawsuit costs. Our attorneys only take a fee when we win a settlement or a judgment. 

When Should I File My Car Accident Lawsuit in Orange County, California?

If you’ve been involved in a car accident in Orange County, California, it’s crucial to understand the legal time limits for filing a lawsuit. California law sets specific deadlines, known as statutes of limitations, that determine how long you have to take legal action. Failing to file within these timeframes can result in losing your right to seek compensation.

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Statute of Limitations for Car Accident Lawsuits in California

In California, the general statute of limitations for personal injury claims arising from car accidents is two years from the date of the accident. This means you have two years to file a lawsuit against the at-fault driver or other responsible parties. If the accident resulted in a fatality, the statute of limitations for filing a wrongful death claim is also two years, but it begins from the date of death.

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Why Timeliness Matters

Adhering to the statute of limitations is critical for several reasons:

• Evidence Preservation: Physical evidence, such as vehicle damage and accident scenes, can deteriorate over time.
• Witness Availability: Witnesses may forget crucial details or become unavailable as time passes.
• Insurance Negotiations: Delays can weaken your position in settlement discussions with insurance companies.

Acting promptly ensures that you have the best chance to gather evidence and build a strong case.

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Exceptions to the Two-Year Rule

While the two-year statute of limitations applies in most cases, there are notable exceptions:

• Government Entities: If the accident involves a government vehicle or employee, you must file a claim with the appropriate government agency within six months of the accident. After the claim is denied or deemed rejected, you have an additional six months to file a lawsuit.
• Delayed Discovery: If injuries are not immediately apparent, the statute of limitations may begin from the date the injury is discovered or should have been discovered.
• Minors and Incapacitated Individuals: For individuals under 18 or those legally incapacitated at the time of the accident, the statute of limitations may be tolled (paused) until they reach the age of majority or regain capacity.

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Steps to Take After a Car Accident

To protect your rights and strengthen your case:

Consult an Attorney: An experienced personal injury lawyer can guide you through the legal process and ensure all deadlines are met.

Seek Medical Attention: Even if injuries seem minor, consult a healthcare professional.

Document the Scene: Take photos of the accident site, vehicle damage, and any visible injuries.

Collect Information: Exchange contact and insurance details with all parties involved.

File a Police Report: Obtain a copy of the report, as it can be crucial evidence.