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San Clemente Drunk Driving Car Accident Lawyer
Drunk driving is a severe offense in all states, but California has among the strictest penalties for driving under the influence (DUI). When motorists operate their cars after using alcohol or drugs, they put untold lives at risk.
If you were involved in a car accident where another driver was driving while drunk, you likely endured undue suffering. In California, the law makes provisions for you to seek compensation for your suffering.
Reach out to a San Clemente drunk driving car accident lawyer for legal assistance. An experienced car wreck attorney could be able to get you the compensation you need.
Drunk Driving in San Clemente
California is an āimplied consentā state. Essentially, this means that California license holders agree to drug and alcohol testing every time they operate a car. If police personnel suspect a driver may be inebriated, officers may invoke implied consent and conduct a field test.
If the field sobriety test shows possible intoxication, or if there is āprobable causeā to suggest that the driver has been drinking, officers may request a breathalyzer.
One example of probable cause in DUI investigations is open alcohol bottles in the car. Per California Vehicle Code 23222, drivers may not operate their vehicle with opened or partially consumed alcoholic beverages. In these cases, a field sobriety test may follow.
While the criminal charges brought against a person are separate from any civil filings, a lawsuit could still be brought against the negligent drunk driver. In fact, a conviction could even help a civil court reach a favorable verdict, though it does not guarantee a fair amount of compensation. A DUI car wreck attorney in San Clemente may be able to help illustrate that a victimās injuries were caused by the gross negligence of a drunk driver.
Statute of Limitations
While every state has a law regarding the time limits to which someone may file a personal injury claim, Californiaās āstatutes of limitationsā are unlike most other states.
Tourists and transplants are sometimes unaware of the irregular statute of limitations as it applies to San Clemente DUI wrecks. Therefore, some, victims of a drunk driving crash unknowingly miss their opportunity to file a claim.
Per the California Code of Civil Procedure 335.1, individuals have two years to file personal injury claims in court. Per C.C.C.P. 338, claimants have three years to bring property damage claims to court.
These deadlines may be difficult to meet without the help of an accomplished attorney. A drunk driving car accident lawyer in San Clemente may be able to help.
A San Clemente Drunk Driving Car Accident Attorney Could Help
When you enter your car and drive onto public roads and highways, you take part in an implied social contract. You do not do drugs or use alcohol before driving your car, because you recognize the shared responsibility of all drivers to share the roads safely.
Unfortunately, other drivers on the road are not always conscientious. When these individuals become intoxicated and take to the roads, they present dangerous situations for all other motorists.
You should not have to suffer more than you already have. Medical bills and lost wages may be recoverable. Speak with a San Clemente drunk driving car accident lawyer today to learn what damages you may be able to claim.