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Hit by Drunk Driver in LA - What Now?

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Location: Los Angeles  |  Law type: dui & dwi attorneys
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Was walking in Los Angeles at night and got hit by someone who seemed drunk; with no witnesses around, what are the rules about nighttime DUIs?

Last Saturday, around 9:30 PM, I was walking back home in downtown Los Angeles when I got hit by a car. The driver was swerving a lot and seemed to be under the influence. I got some injuries, but thankfully nothing life-threatening. There were no witnesses, and I'm worried about how I'll prove the driver was drunk, especially given that it was nighttime.

Which DUI & DWI lawyers should I be reaching out to in the Los Angeles area? Are there specific regulations or laws regarding nighttime DUI incidents? Also, what kind of costs am I looking at for hiring a good lawyer? And finally, given the lack of witnesses, what evidence could strengthen my case?

Commonly posted questions...

Legal Solution

The response provided below is specific to dui & dwi attorneys in the jurisdiction of Los Angeles. If the response is inadequate, please submit a detailed inquiry.

Nighttime DUI Incidents in Los Angeles

In Los Angeles, DUI incidents occurring at nighttime can present unique challenges due to the lack of visibility and the absence of witnesses. Nonetheless, the laws and penalties for driving under the influence don't change based on the time of day. The core of your case will be around demonstrating that the driver was indeed under the influence when the incident occurred.

Relevant Laws and Regulations

  • Vehicle Code 23152(a): It is illegal for anyone who is under the influence of alcohol or drugs to operate a vehicle.

  • Vehicle Code 23153: DUI causing injury. If someone causes an injury to another person while driving under the influence, they could be charged under this section.

For a complete list of DUI regulations in California, you might want to visit the official California Legislative Information website. If you are looking for specific DUI regulations within Los Angeles, the Los Angeles City Government website would be an appropriate starting point.

Potential Solutions for Your Situation

Considering your description of the event, it would be wise to:

  1. Get a medical examination immediately, even if your injuries seem minor. This would help establish a record of the incident.
  2. Seek out traffic or security camera footage from the area, which might have captured the incident.
  3. Engage with a reputable DUI & DWI lawyer who can guide you through the legal intricacies. You can find the right lawyer to assist you in this matter.

Legal Costs Estimation for Los Angeles DUI Cases

Service Description Average Cost in Los Angeles
Initial Consultation with a DUI lawyer $120 - $300
Full representation for minor DUI incident $1,900 - $6,700
Representation for major DUI with injury $8,500 - $15,250

Note: Prices can vary significantly based on the complexity of the case, the reputation of the lawyer, and other specific factors unique to the Los Angeles region.

Seeking More Clarity?

If any details were left out from your initial description, please provide them. This would help in giving you a more precise direction. Remember, the more details you provide, the better equipped you'll be to navigate this challenging situation.

Don't hesitate! If you are unsure about any part of this, ask a free legal question and get it clarified.

Essential Questions to Address

  • Did you capture any pictures or videos of the incident or its aftermath?
  • Did you report the incident to the police?
  • Have you sought any medical attention since the incident?

Q1: What is the legal limit for Blood Alcohol Concentration (BAC) in Los Angeles?

In California, the legal BAC limit for drivers who are 21 and older is 0.08%. However, for commercial drivers, it's 0.04%, and for those under 21, it's 0.01%.

Q2: If no one witnessed the event, can I still win the case?

Yes, other evidence such as security footage, physical damages, and medical records can support your case. Additionally, the behavior and physical state of the driver can be substantial proof of their intoxication.

Q3: Will my insurance cover the injuries and damages from the DUI incident?

It largely depends on your insurance policy. Most comprehensive insurance policies in California do cover injuries from a DUI incident. It's best to consult with your insurance provider.

Q4: How long do I have to file a lawsuit after the incident?

In California, the statute of limitations for personal injury claims is two years from the date of the injury. It's crucial to act quickly and consult with a lawyer.

Q5: What penalties does the driver face if proven guilty of DUI?

Penalties can range from fines, suspension of driving privileges, DUI education programs, to jail time. The severity depends on whether it's a first-time offense and if any injuries were caused.

Disclaimer

This content is for informational purposes only and does not establish an attorney-client relationship. It's always recommended to consult with a local attorney about your specific situation.

Written, answered, changed

Legal question "Hit by Drunk Driver in LA - What Now?" has been changed 8 months 4 weeks ago. Demonstrate your legal skills and willingness to help and answer right now! Issue is related to the location of Los Angeles & area of law: dui & dwi attorneys.
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