Recent accident in Victorville.

At least one person was injured in a car accident on Friday afternoon in Victorville. According to a report by the California Highway Patrol, the accident happened at about 2:44 p.m. December 6, on Highway 138 near Walnut Road when a white Ford pickup truck and a Mercedes sedan collided.  One person was injured in the accident and was transported to Loma Linda University Medical Center for treatment. The authorities are investigating the cause of the accident.

The cause of many California traffic accidents is drinking and driving. Proper investigation is always necessary to determine if that is the case, or if it is a matter of distracted driving, reckless driving, or roadway conditions and bad weather.  In the Victorville accident, a determination will need to be made after law enforcement and other first responders gather and compare the evidence leading up to the accident including witness testimonials.

Criminal charges for drunken driving.

Driving under the influence of alcohol is a criminal offense in the State of California and if injuries, damages or wrongful death occurred as a result, a personal injury attorney can help with a claim for damages and/or a wrongful death action. If drunk driving is determined as a factor in the accident, negligence and responsibility in a personal injury case will need to be determined.  The total percentage of fault must equal 100% but can be divided between parties and will directly impact compensation. If you have been injured in a crash in Victorville California and there may be a suspicion of drunken driving as the cause, contact an experienced personal injury attorney.

According to the most recent California DUI statistics, there were 1197 alcohol-involved fatalities in 2013 representing almost 40% of fatal crashes in California leading to the need for legal professionals. Driver’s need to take DUI activities more seriously to avoid death to innocent drivers on California roadways.

Insurance.

Car Insurance and liability covers some payment of awards. California law requires that drivers have a way to cover costs related to damages or injuries caused in a car accident. Purchasing liability car insurance is the simplest and most common way people choose to meet this requirement.

The minimum amount of liability insurance you must have on your policy is:

  • $15,000 for injury/death to one person.
  • $30,000 for injury/death to more than one person.
  • $5,000 for damage to property.

Comparative Negligence. 

Under California law, “everyone is responsible, not only for the result of his or her willful acts, but also for an injury occasioned to another by his or her want of ordinary care or skill in the management of his or her property or person…” meaning that if you were responsible for any part of activities that led to injury, the compensation you will receive will be adjusted in accordance with a percentage of fault assigned to you.  If the accident was caused due to drunk driving, a DUI criminal conviction may have some bearing on the outcome of the personal injury or wrongful death case.

Compensation.

Damages include compensation for replacement or repair of property, medical expenses for professionals treating injuries, loss of wages, changes in lifestyle, pain and suffering and wrongful death claims, including funeral expenses and future financial losses to family members.

Hire an attorney.

Seek legal counsel immediately after a car crash involving a drunk driving charge. A personal injury attorney can help you determine the best course of action for a civil case, and if drunk driving is determined through a criminal case, it may strengthen the civil claim.

Sources:

https://www.dmv.ca.gov/portal/wcm/connect/a299397a-aad1-4022-a3b2-cedc548339d9/DUI_Fact_Sheet_2003-2013.pdf?MOD=AJPERES

https://www.dmv.org/ca-california/automotive-law/dui.php

https://statelaws.findlaw.com/california-law/california-negligence-laws.html