How does the location near a crosswalk affect my case if the driver that hit me on my motorcycle in Los Angeles is charged with a DUI?
I was at a complete stop on my motorcycle, right by a crosswalk in Los Angeles, when I suddenly got rear-ended by a car. The driver appeared visibly intoxicated. After the police arrived, they suspected him of DUI. Does the fact that I was near a crosswalk make any difference in how the situation is handled, especially since the driver might be charged with a DUI? What type of lawyer should I be looking for? How can I compare lawyers in my area and determine the average costs involved? Also, are there any specific local laws or regulations that apply in this context?
Understanding the particulars of your situation is essential. Being rear-ended by an intoxicated driver poses clear legal implications, but the location near a crosswalk might further bolster your case, especially if traffic laws dictate certain responsibilities for drivers near pedestrian zones.
Relevant Legal Provisions
- California Vehicle Code Section 23152: Driving Under Influence of Alcohol or Drugs
- California Vehicle Code Section 21950: Right-of-Way at Crosswalks
You can find detailed information on these and other related laws on the official California Legislative Information website.
Considering you were rear-ended by a potentially intoxicated driver, you primarily have a case for personal injury and auto accident damages. Additionally, being close to a crosswalk might highlight the driver's negligence. To proceed:
- Document Everything: Gather all evidence, including photographs, medical reports, and witness testimonies.
- Engage a Lawyer: You should ideally engage with personal injury lawyers or auto accident specialists. You can find the right lawyer on platforms such as explorelawyers.com.
- Legal Proceedings: Depending on your lawyer's advice, you might initiate a lawsuit or negotiate an out-of-court settlement.
Average Legal Costs in Los Angeles
|Initial Consultation||$150 - $250|
|Personal Injury Lawyer (Contingency Fee)||25% - 40% of Settlement|
|Auto Accident Specialist (Hourly)||$200 - $500/hr|
|Filing a Lawsuit||$500 - $1,500|
|Expert Witness Fees||$1,000 - $5,000|
Note: Los Angeles lawyers often work on a contingency fee basis for personal injury claims, meaning they get paid a percentage of the settlement or judgment if you win.
To get a more precise understanding of your situation, could you provide additional details? This will help in offering tailored advice.
Act now and ensure your rights are protected!
- Were there any witnesses present during the incident?
- Witness testimonies can significantly strengthen your case.
- Did you receive immediate medical attention?
- Medical reports will be crucial to determine the extent of damages.
- Were there any traffic cameras near the incident location?
- Footage can be pivotal in confirming the details of the accident.
Q1: What if the DUI driver has no insurance?
In such a scenario, you can potentially claim under your own uninsured motorist coverage, if you have one.
Q2: What's the statute of limitations for personal injury claims in California?
You typically have two years from the date of the injury to file a lawsuit in the state's civil court system.
Q3: Can I be found partially at fault?
Yes, California follows a "pure comparative negligence" rule, meaning any compensation you receive will be reduced by the percentage you're found at fault.
Q4: What if the driver pleads not guilty to DUI?
The criminal proceedings of the driver do not directly impact your personal injury claim. Even if they're acquitted of DUI, they can still be held liable for the accident.
Q5: How do I calculate pain and suffering damages?
While economic damages like medical bills are straightforward, non-economic damages like pain and suffering are subjective. A lawyer can help assess these based on precedent and the specifics of your case.