California Highway Patrol (CHP)  reported 26 DUI arrests over Labor Day weekend, down from 40 reported DUI arrests during the same period last year.  CHP reported no fatalities and 26 DUI arrests in San Diego County for the Labor Day weekend period between 6 p.m. Friday and 6 a.m. Sunday. Across the state, the CHP reported 551 DUI arrests and 18 fatalities for the same period. Last year, the agency reported 717 DUI arrests and 11 fatalities. The DUI arrests are only those made by CHP officers, while fatality statistics are for all law enforcement agencies in the state.

Blatant negligent acts in the State of California may have added to the over 3,500 lives lost to accidents in 2018, including those caused by driving under the influence, which may result in criminal action and wrongful death claims.  California is a “fault” state with regard to accidents, meaning that a victim can bring a claim against the responsible party before they file a claim against their own “no-fault” insurance, and there is a two year time period to file a suit after an accident.

Wrongful death.

A wrongful death legal action can be brought by loved ones during the two year statute of limitations after a person dies because of the negligent, reckless, or deliberate act of another.  Damages in these lawsuits can include:

  • Medical bills and burial expenses
  • Compensation for lost wages
  • Compensation for the pain and suffering
  • Punitive damages that are intended to punish the person who caused the death.

Many families file wrongful death claims when a loved one is lost because of a DUI, along with survival actions to reimburse an estate for losses the deceased loved one suffered, while a wrongful death lawsuit compensates survivors for their losses. A survival action could compensate an estate for lost wages, medical bills and personal property damages the victim incurred. Insurance should cover damages for compensation to replace, or repair property, costs incurred from medical professionals treating injuries, lost wages, and negative changes in lifestyle.

Hire a DUI attorney.

Seek legal counsel immediately after a motor vehicle accident involving DUI  takes the life of a loved one, to make certain that the insurance company pays any costs related to funeral and burial expenses, losses sustained to property,  medical bills, lost wages, or continued expenses incurred by the estate of the person who died.  Hire an experienced personal injury attorney, who is familiar with California laws by contacting the Law Offices of Jeffrey E. Estes & Associates, who can assist with a wrongful death and survival action when necessary.

 

Jeffrey E. Estes & Associates, a Professional Law Corporation

501 West Broadway, Suite 1650

San Diego, CA 92101

Phone: 619-233-8021

Fax: 619-233-3730

 

Sources:

https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=VEH&sectionNum=23152

https://www.sandiegouniontribune.com/news/public-safety/story/2020-09-06/chp-reports-26-dui-arrests-over-labor-day-weekend

https://www.insurance.ca.gov/01-consumers/105-type/95-guides/01-auto/index.cfm

DUI Lawyers

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