Helping Victims of Drunk Driving Accidents Throughout Santa Clara County
Drunk driving causes a disproportionate number of severe injuries and fatalities, dramatically increasing the extent of damage from a collision. If you or a loved one has been injured in a DUI crash, this may be one of the most painful and challenging periods of your life.
Attorney James C. Suits II is here to help navigate all of the legal hurdles in a drunk driving accident case, giving you time to focus on recovery and the needs of your household. Let our law office concentrate on your claim and negotiate with insurance companies so you can achieve peace of mind.To discuss your car or motorcycle collision with an experienced drunk driving accident lawyer near you, contact our San Jose law firm today.
San Jose Has the Highest DUI Rate in the SF Bay Area
According to a report and analysis from LendingTree, San Jose had the fourth highest DUI rate in the nation, and the highest DUI rate among Bay Area cities. In fact, 8 of the 10 cities with the highest DUI rates nationwide are located in California.
For context, LendingTree found that there were 1.09 drunk drivers for every 1,000 total drivers in San Jose; Oakland had a 0.61 and San Francisco had a 0.56.
This speaks to how car-dependent many drivers are in the South Bay. While Uber, Lyft, and other rideshare apps have helped reduce drunk driving to a certain degree, it’s crucial that you remain cautious while driving at night, during weekends, and whenever there are holidays, concerts, or major events in Santa Clara County.
DUI Accident Statistics in San Jose
According to 2022 numbers from the California Office of Traffic Safety (OTS), alcohol-related crashes caused 361 injuries and fatalities in San Jose that year. OTS also recorded 804 DUI arrests in San Jose that year.
For the whole of Santa Clara County, OTS data shows that alcohol-related collisions caused 1,083 injuries and fatalities in 2022. There were 3,993 DUI arrests recorded in Santa Clara County that year.
How Long Do I Have to File a Lawsuit Against a Drunk Driver?
In the state of California, you typically have two years from the date of a collision to file an auto accident claim. This applies to drunk driving crashes as well as accidents caused by drivers who were sober but otherwise reckless or negligent. Once this two-year statute of limitations has expired, you will not be able to file a claim.
There are exceptions to this two-year deadline, however, and waiting too long to take action could seriously affect the available evidence in your case. There is no benefit to delaying or waiting until the last minute.
It’s best to speak with a San Jose-based drunk driving accident attorney as soon as possible so you can get the legal process in motion and avoid missing crucial deadlines. Suits Litigation, Inc is here for you.
Why Hire Suits Litigation, Inc for Your DUI Crash Lawsuit
Attorney James C. Suits II is a native of Silicon Valley. He understands the concerns of South Bay residents regarding drunk drivers and dangerous roadways in the area. During a free case evaluation, James will listen to you and provide answers to all of your questions about filing a claim and what compensation you may receive.
While investigating your DUI accident case, we will carefully assess what happened, track down witnesses and crucial evidence, work with collision experts to analyze the crash scene, and make sure the full extent of your injuries are recorded.
Suits Litigation, Inc will negotiate with insurance companies and adjusters so you can focus on recovering from your injuries. If we cannot reach a fair settlement, we are ready to take your drunk driving accident case all the way to court to seek damages.
Get a Free Consultation with a San Jose Drunk Driving Accident Lawyer
If you were seriously hurt by a drunk driver, attorney James C. Suits II is ready to help. Proudly serving the people of Silicon Valley, he can help you seek damages against negligent and intoxicated drivers. To request a free consultation with a trusted drunk driving accident attorney near you, contact our San Jose law office today.
Pedestrian Injuries and Bike Accidents Caused by Drunk Drivers
Drunk drivers don’t just injure other motorists. Bicyclists and pedestrians are extremely vulnerable to injury when drunk drivers are on our roads. This is particularly true when out at night and in high-traffic areas like Downtown San Jose or around major shopping areas like Santana Row and Valley Fair.
Pedestrian Accidents and Drunk Drivers
Even if pedestrians are cautious at crosswalks and stay alert of any oncoming traffic, they can still be seriously hurt by drunk drivers who run red lights or simply aren’t paying attention. It doesn’t necessarily matter if you are on the sidewalk since vehicles can jump curbs and drunk drivers may lose control and veer right into pedestrian-heavy areas.
Bicycle Accidents and Drunk Drivers
San Jose is attempting to become a more bike-friendly city, and in recent years received recognition as a Silver Level Bicycle Friendly Community (BFC) by the League of American Bicyclists (LAB). But even good biking infrastructure cannot protect bicyclists from reckless drivers and drunk drivers. Ride cautiously, especially at night and during holidays.
Accidents Caused by Underage Drunk Drivers in San Jose
OTS data compiled troubling data regarding underage drunk driving collisions in the South Bay. According to their numbers, underaged drunk drivers caused 49 injuries and deaths in San Jose in 2022; that number reaches 111 injuries and fatalities when accounting for all of Santa Clara County.
These underage drunk drivers may include college students at San Jose State University, Santa Clara University, and even Stanford. However, there are also many instances of teenagers in the South Bay suburbs taking unnecessary risks. Whenever underage drunk drivers get behind the wheel, they put their futures and the lives of others on the road in danger.
Who Is Legally Liable in an Underage Drunk Driving Accident?
This depends on the age of the drunk driver and the means by which they obtained or imbibed alcohol.
- Underage drunk drivers who are 18 or older will often be held liable for drinking and driving and any other consequences of their actions.
- For an underage drunk driver who is under 18 years old, their parent or guardian may be held liable for injuries and other damages.
- In some cases, a business or a host of a party or gathering may also be held liable for an underage drunk driving accident.
It’s important to go over the details of your DUI collision with our attorney. We can discuss who can be held liable for your drunk driving accident injuries based on what happened and the evidence available. Our law firm will then review how to best proceed with your case to maximize compensation.
California Dram Shop Liability and Social Host Laws: What You Should Know
The drunk driver behind the wheel may not be the only liable party in an accident. The state of California has dram shop liability and social host liability laws that could be important in your DUI accident case if an underage drunk driver was involved.
Dram Shop Liability and Drunk Driving Accidents
California’s dram shop liability laws can potentially hold a San Jose bar, restaurant, or other licensed seller of alcohol liable for a DUI crash if they knowingly sold alcohol to a minor who is under 21 years old who then causes a collision.
Social Host Liability and Drunk Driving Accidents
California’s social host liability law can potentially hold an adult who serves alcohol to someone under 21 years old liable for a DUI accident if they knowingly served alcohol to a minor who is under 21 years old who then causes a crash.
Keep in mind that dram shop liability and social host laws rarely apply to cases involving drunk drivers who are of legal drinking age. It’s crucial that you discuss these matters with our DUI accident attorney serving the South Bay.
Injured by a Drunk Driver? Contact Our San Jose DUI Accident Attorney
Whether you were injured by an underage drunk driver or a commercial driver just over the legal limit, you can count on attorney James C. Suits II for sound legal counsel. He can help South Bay accident victims and their families seek compensation after a serious DUI crash. To get a free case evaluation with a skilled drunk driving accident lawyer near you, contact Suits Litigation, Inc today.
Can Passengers in a Drunk Driver’s Vehicle Seek Compensation After a Crash?
Potentially, yes. If you were a passenger in a drunk driver’s vehicle, you may be able to obtain compensation for your losses depending on the nature of the collision. This applies to passengers who were sober at the time of the accident or who may have also been intoxicated.
Keep in mind that your partial negligence in that situation could affect your eligibility to seek compensation and how much compensation you will receive. This is part of California’s comparative negligence laws.
You Need to Discuss the DUI Crash with a Lawyer
If you were a passenger in a vehicle during a DUI accident in the South Bay, it’s crucial that speak with attorney James C. Suits II about what happened. He will hear you out, review what happened, let you know if you can seek compensation as a passenger in a drunk driving wreck.
Legal Damages in a Drunk Driving Accident Case
As a victim of a drunk driver, you may be entitled to significant compensation for your injuries and other damage you sustained. Much like other car crash and auto accident cases, this compensation will cover both economic damages and non-economic damages.
Economic damages include:
- Medical expenses
- Lost wages
- Loss of earning capacity
- Property damage
- Loss of use of property
- Other accident-related financial losses
Non-economic damages include:
- Pain and suffering
- Post-traumatic stress disorder (PTSD)
- Disfigurement
- Loss of enjoyment of life caused by your injuries
Unique Laws in California DUI Accident Cases
Under California law, you can potentially pursue additional damages if you are the victim of a drunk driving accident. These depend on the nature of the DUI collision.
Under California Code of Civil Procedure (CCP) § 1021.4, the prevailing plaintiff may be awarded reasonable attorney’s fees against a defendant who was convicted of a felony that caused the injuries, such as driving under the influence and causing an injury accident, which is prosecuted as a felony.
Moreover, pursuant to California CCP § 3294, a plaintiff may recover punitive damages against a defendant where it is proven that the defendant was guilty of oppression, fraud, or malice. While it is frequently difficult to recover punitive damages in a typical motor vehicle accident case, the malice required for punitive damages may be established where the defendant’s drunk driving caused the accident.
The team at Suits Litigation, Inc. will let you know if these additional damages apply to your case and how they affect the value of your legal claim.
Legal Options If You Lose a Loved One in a Fatal Drunk Driving Accident
Losing a loved one in a drunk driving accident can leave you feeling confused, hurt, and unsure of what to do next. If you are a bereaved family member, you should know that there are potential legal options available. We’re here to offer support.
The team at Suits Litigation, Inc. can help you file a wrongful death lawsuit following a fatal DUI collision. These cases will hold the drunk driver liable for the loss of your loved one’s life. Damages in these cases will include funeral expenses, the loss of the loved one’s future earnings, grief counseling, and loss of consortium.
Driving Under the Influence of Drugs and Other Controlled Substances
We’ve predominantly focused on alcohol-related motor vehicle accidents here. However, you can also take action against drivers who got behind the wheel under the influence of other intoxicants. This includes narcotics and hard drugs, marijuana and cannabis products, prescription medications, over-the-counter drugs, and so forth.
Rest assured, attorney James C. Suits II can help motorists, pedestrians, bicyclists, and families affected by DUI accidents, no matter what kind of substance was used.
Get a Free Consultation with a Drunk Driving Accident Lawyer in San Jose, CA
If you were seriously hurt or lost a loved one in a drunk driving accident, you need our San Jose DUI crash lawyer on your side. We are ready to hold the drunk driver liable and seek restitution for you. To discuss your DUI collision with a local accident lawyer serving the people of Santa Clara County, contact attorney James C. Suits II today.