San Bernardino Drunk Driver Accident Lawyer

San Bernardino County sees thousands of alcohol-related crashes each year, with impaired motorists causing catastrophic collisions on Interstate 10, Highway 215, and local surface streets throughout the Inland Empire.

These preventable tragedies occur when intoxicated drivers make the deadly choice to get behind the wheel, putting innocent families at risk on their daily commutes, school runs, and weekend trips.

Our experienced San Bernardino drunk driver accident lawyers have spent over three decades representing San Bernardino residents injured by intoxicated motorists.

Our legal team understand California’s strict DUI laws and know how to leverage criminal proceedings to strengthen your civil claim.

Our experienced drunk driver accident attorneys in San Bernardino, California, work directly with local law enforcement, prosecutors, and medical providers to build comprehensive cases that secure maximum compensation for victims of accidents caused by drunk drivers.

If you were injured by an impaired driver in San Bernardino or anywhere in the Inland Empire, you deserve experienced legal representation. Contact Krasney Law Accident Attorneys today for immediate help with your case.

Why Hire a San Bernardino Drunk Driver Accident Lawyer?

Drunk driving cases are fundamentally different from regular car accidents. The presence of alcohol or drugs creates both criminal and civil legal issues that require specialized knowledge to handle properly.

Insurance companies know that DUI cases often result in higher settlements, so they fight these claims more aggressively. They may try to deny coverage entirely or argue that their insured wasn’t actually impaired at the time of the crash.

A skilled attorney brings several advantages to your case:

• Criminal Evidence Access: We obtain police reports, breathalyzer results, blood test findings, and field sobriety test videos that prove impairment
• Insurance Company Defense: We protect you from tactics designed to minimize or deny your claim
• Punitive Damage Claims: Drunk driving may qualify your case for additional punishment damages beyond standard compensation
• Multiple Defendant Investigation: We identify all parties who may share responsibility, including bars, employers, or social hosts

At Krasney Law Accident Attorneys, we handle all drunk driving cases on a contingency fee basis. You pay nothing unless we successfully recover money for your injuries.

How We Prove the Driver Was Impaired

Building a strong DUI accident case requires gathering multiple types of evidence that clearly demonstrate the other driver’s impairment.

This evidence not only establishes fault but also helps maximize your potential compensation.

Police, BAC, and Toxicology Evidence

Blood Alcohol Content (BAC) testing provides the most direct proof of impairment. In California, a driver’s blood alcohol level may be used as evidence of impairment and can support claims of negligence in DUI-related civil cases.

This legal principle is called negligence per se. It means you don’t have to prove the driver was careless – the law presumes negligence based on the BAC reading alone.

We work to obtain all chemical test results from the driver’s arrest, including:

• Breathalyzer readings taken at the scene
• Blood or urine test results from the hospital or jail
• Field sobriety test performance and video footage
• Officer observations of slurred speech, bloodshot eyes, or alcohol odor

Scene, Video, and Witness Evidence

Physical evidence from the crash scene often reveals signs of impaired driving. Dashboard cameras, traffic cameras, and nearby security footage may capture erratic driving behavior before the collision.

Witness testimony is equally valuable. People who saw the drunk driver engaging in dangerous behavior like swerving, speeding, or running red lights provide powerful evidence of impairment.

We also examine the crash pattern itself. Drunk drivers often cause specific types of accidents, such as head-on collisions from wrong-way driving or rear-end crashes from following too closely.

Bar Receipts and Service Evidence

Sometimes we can trace the driver’s activities before the accident. Credit card statements reveal alcohol purchases at bars or restaurants. Social media posts may show the driver consuming alcohol shortly before driving.

If a bar or restaurant over-served the driver, we can use receipts, surveillance video, and witness statements to build a case against the establishment as well.

What Should You Do After a DUI Crash?

The actions you take immediately after a drunk driving accident can significantly impact your ability to recover compensation later.

Step 1: Call 911 and Get Medical Care

Always call 911, even if the accident seems minor. Police need to respond and document the other driver’s impairment through field sobriety tests and chemical testing.

Seek medical attention immediately, even if you feel fine. Adrenaline and shock can mask serious injuries that may not become apparent for hours or days.

Step 2: Preserve Photos, Video, and Witness Info

If you’re physically able, use your phone to photograph the accident scene, vehicle damage, and your visible injuries. Also take pictures of the other driver if they appear intoxicated.

Get contact information from any witnesses before they leave. Their observations about the other driver’s behavior can be crucial evidence.

Step 3: Avoid Recorded Statements

The drunk driver’s insurance company will likely contact you within hours or days of the accident. They’ll ask for a recorded statement about what happened.

Never provide a recorded statement without speaking to an attorney first. Insurance adjusters are trained to ask questions that can be used against you later.

Step 4: Call Krasney Law Accident Attorneys

Contact an experienced San Bernardino DUI accident lawyer as soon as possible. We’re available 24/7 to provide a free consultation and protect your rights from the very beginning.

What Compensation Can You Recover After a DUI Crash?

Drunk driving accident victims can seek compensation for all the ways the crash has affected their lives. Because impaired driving is considered especially reckless, these cases often result in higher settlements than typical auto accidents.

Economic Damages

Economic damages compensate you for actual financial losses caused by the accident. These include all current and future medical expenses, from emergency room treatment to long-term rehabilitation.

Lost wages are another major component. If your injuries prevent you from working, you can recover compensation for missed income.

If permanent disabilities affect your future earning ability, you can also claim those losses.

Property damage covers the cost to repair or replace your vehicle and any personal belongings damaged in the crash.

Non-Economic Damages

Non-economic damages compensate you for intangible losses that don’t have a specific dollar amount. Pain and suffering is the most common type, covering both physical discomfort and emotional distress.

Other non-economic damages include:

• Loss of enjoyment of life
• Permanent scarring or disfigurement
• Mental anguish and trauma
• Loss of companionship if your spouse was also injured

Are Punitive Damages Available in DUI Cases?

Yes, California law allows punitive damages in drunk driving cases. Punitive damages are not meant to compensate you for losses but to punish the drunk driver and deter similar behavior.

To recover punitive damages, we must prove the driver acted with “conscious disregard” for the safety of others. Choosing to drive while intoxicated typically meets this standard.

The amount of punitive damages depends on factors like the driver’s BAC level, whether they have prior DUI convictions, and how recklessly they were driving.

What If You Share Some Fault?

Even if you made a mistake that contributed to the accident, you can still recover compensation in California. Our state follows “pure comparative negligence” rules.

Under comparative negligence, your compensation is reduced by your percentage of fault once the investigation determining fault is complete. If you’re found 30% responsible, you can still collect 70% of the total damages.

In DUI cases, the drunk driver’s extreme negligence usually means they bear most or all of the responsibility. Courts and juries are reluctant to blame victims when the other driver was breaking the law by driving drunk.

What If the Drunk Driver Is Uninsured or Hit-and-Run?

Discovering the at-fault driver has no insurance or fled the scene doesn’t end your options for recovery. Several sources of compensation may still be available.

Your own auto insurance policy likely includes uninsured motorist coverage. This protection pays for your injuries and damages when the at-fault driver can’t or won’t pay.

California’s Crime Victim Compensation Program provides benefits for victims of hit-and-run accidents in some situations. The program can help with medical bills, lost wages, and other expenses.

Our experienced San Bernardino auto accident attorneys also investigate whether other parties share liability. If the drunk driver was working at the time of the crash, their employer might be responsible. Bars that over-served the driver may also face claims.

Who Can Be Liable in a San Bernardino Drunk Driving Case?

While the impaired driver bears primary responsibility, other parties may also be liable for your injuries. Identifying all responsible parties is crucial for maximizing your compensation.

Alcohol Provider Liability for Minors

California holds adults liable when they provide alcohol to minors who subsequently cause drunk driving accidents. This applies to private parties and house gatherings, not just commercial establishments.

Social host liability creates an additional source of compensation when the drunk driver is under 21 or when adults illegally provided alcohol to underage drivers.

How the DUI Criminal Case Affects Your Injury Claim

The drunk driver will face separate criminal charges for driving under the influence. While we focus on your civil injury claim, the criminal case provides valuable evidence and leverage.

A DUI conviction establishes “negligence per se” in your civil case. This means the driver’s fault is automatically presumed – we don’t have to prove they were careless.

You don’t need to wait for the criminal case to conclude before pursuing your injury claim. We can obtain police reports, test results, and other evidence from the criminal proceedings to build your case immediately.

The victim impact statement process in criminal court also provides an opportunity to document how the crash affected your life, which strengthens your damages claim.

How Long Do You Have to File a DUI Accident Claim in California?

California law sets strict deadlines for filing personal injury lawsuits. Missing these deadlines typically means losing your right to any compensation.

For drunk driving accident claims, you have two years from the accident date to file a lawsuit. This may seem like plenty of time, but building a strong case takes months of investigation and preparation.

If your claim involves a government entity, such as a city employee driving drunk in a government vehicle, you have only six months to file a formal claim.

Don’t wait to contact an attorney. Evidence disappears, witnesses forget details, and your legal rights become harder to protect as time passes.

What If a Loved One Died in a DUI Crash?

Losing a family member to a drunk driver is devastating beyond words. While no amount of money can bring back your loved one, a wrongful death claim can provide financial security and hold the responsible parties accountable.

Wrongful death claims in drunk driving cases can recover compensation for funeral expenses, lost financial support, and the loss of love and companionship your family member provided.

Surviving spouses, children, and other dependents may be entitled to file wrongful death claims. The same evidence used in injury cases applies to wrongful death claims, but the damages calculation focuses on the victim’s future contributions to the family.

Why Choose Krasney Law Accident Attorneys?

We’ve been serving San Bernardino and the Inland Empire for over three decades. Our commitment to personal service means you work directly with experienced attorneys, not paralegals or case managers.

At Krasney Law, your case won’t get lost in the shuffle of a mega-firm handling thousands of files. We take pride in building personal relationships with our clients and providing the individual attention your case deserves.

Our offices in San Bernardino and Rancho Cucamonga make it convenient to meet with us in person. We also have Spanish-speaking attorneys and staff to serve our diverse community.

Most importantly, we work on a contingency fee basis. You pay no attorney fees unless we successfully recover money for your case.

Knowledgeable Auto Accident Attorneys in San Bernardino, California

After a drunk driving accident, you need answers immediately. The team at Krasney Law Accident Attorneys is available around the clock to provide free consultations and emergency legal assistance.

Don’t try to handle insurance companies and legal procedures while you’re recovering from injuries. Let us manage the legal complexities so you can focus on healing.

Contact us today to speak with a dedicated San Bernardino drunk driver accident lawyer. Your consultation is completely free with no obligation.

Drunk Driving Accident FAQs

Can I sue a drunk driver even without a criminal DUI conviction?

Yes, you can pursue a civil injury claim regardless of the criminal case outcome. Civil cases require a lower burden of proof than criminal cases, so you may win your lawsuit even if the driver isn’t criminally convicted.

Should I wait for the criminal DUI case to finish before filing my injury claim?

No, don’t wait for the criminal case to conclude. You should file your civil claim immediately to preserve evidence and meet California’s two-year filing deadline.

Can I recover compensation as a passenger in the drunk driver’s vehicle?

Yes, passengers have the same legal rights as other accident victims. You can seek full compensation for your injuries even if you knew the driver had been drinking.

What happens if the drunk driver’s insurance company denies coverage?

Insurance companies sometimes try to deny coverage for DUI accidents, claiming their policy excludes intentional acts. We fight these denials and pursue compensation through other sources if necessary.

Can a bar be held liable for over-serving the drunk driver?

California’s dram shop laws create limited liability for bars and restaurants. Establishments can be held responsible primarily when they serve obviously intoxicated patrons or minors who then cause accidents.

Will my uninsured motorist coverage apply if the drunk driver has no insurance?

Yes, your UM coverage should apply when an uninsured drunk driver causes your injuries. We help you navigate the claims process with your own insurance company to maximize this coverage.

How do punitive damages work in drunk driving cases?

Punitive damages punish the drunk driver for their reckless behavior and deter similar conduct. The amount depends on factors like the driver’s BAC level, prior DUI history, and degree of recklessness.

What evidence do you need to prove the other driver was drunk?

We gather multiple types of evidence including BAC test results, police observations, witness statements, surveillance footage, and receipts showing alcohol purchases before the crash.