Personal injury and wrongful death cases can be extremely complicated, especially when alcohol is involved. Alcohol and other substances can impair one’s vision, reflexes, and decision-making abilities. However, victims who were intoxicated at the time of injury still have the right to pursue legal action. Someone’s negligence or wrongdoing should not be ignored, even if the victim was under the influence.
Insurance companies can be hard to deal with, especially in cases like these. A Los Angeles personal injury lawyer will work with you to fight for compensation. In cases where a fatality occurs, a wrongful death lawyer in Los Angeles will be by the side of loved ones.
Can I File a Personal Injury Lawsuit Against a Drunk Party?
The use of alcohol or other substances can contribute to a slew of personal injury incidents. Unfortunately, DUIs are exceedingly common and often result in another party’s injuries and in some cases, death.
Car and motorcycle accidents can occur under any condition, however, drunk driving increases the rate of:
- Distracted driving
- Falling asleep at the wheel
- Failing to react quickly
It is illegal to drive under the influence, meaning individuals can also face criminal charges. Victims of a suspected DUI incident should contact law enforcement immediately to file a police report.
If you are a victim of a DUI accident, contact a Los Angeles car crash attorney to receive proper compensation. Los Angeles car crash attorneys can also provide assistance to families in wrongful death claims.
BAC regulations also apply to water vehicles including boats and jet skis. California Harbors and Navigation Code 655 prohibits individuals with a BAC of .08 or above from operating a water vehicle. BUIs and DUIs are very serious issues and deserve legal consequences.
While DUIs are a common issue, there are other cases in which alcohol consumption can contribute to personal injury. Some examples include:
Unfortunately, a drunk individual’s actions can easily impact those around them. Often their lack of awareness can cause accidental injuries to innocent bystanders. A personal injury and wrongful death law firm will work to hold the accountable parties responsible under California personal injury laws. They will also help you receive financial compensation for:
- medical bills
- pain and suffering
- loss of income
- and in cases of wrongful death, funeral expenses and loss of companionship
Being under the influence is no excuse for being negligent and putting another’s life at risk. If you were injured by a drunk individual, consult with Los Angeles personal injury attorneys immediately.
Victims Who Were Under the Influence
While drunk individuals may be at fault for some accidents, there are circumstances in which they can also be victims. As mentioned earlier, a victim’s alcohol intake does not waive another’s negligence. However, it might make the lawsuit more complex.
If you consumed alcohol before an accident, the opposing party may try to blame you. This is why it is critical to hire personal injury attorneys in Los Angeles. A Los Angeles personal injury lawyer will work relentlessly to prove your alcohol consumption had nothing to do with the accident.
Trip and Fall
A premise owner is responsible for providing a safe property, which extends to all visitors regardless of their alcohol consumption. If a floor was wet without adequate signs or blockage of the area, then the premise can be held liable. Similarly, if you trip on a fallen display or uneven pavement, you may be able to file a claim.
While each case will vary, the premise at large has a responsibility to all its patrons. To prove the premises’ negligence, a victim will need to prove that:
- the premise directly contributed to their injury
- the circumstances were preventable and injuries were foreseeable if not properly addressed
- the premise failed to safely address the circumstances
- any reasonable person could have fallen
Personal injury lawyers in Los Angeles will work with you to build a strong case against the establishment.
Imagine you are walking home after a night out when a speeding car runs a red light, hitting you head-on. Do you have the right to file a personal injury claim?
In some cases, the answer is yes! If the driver was acting negligently and not following the law, then your intoxication levels will not matter. However, it is important to work with a Los Angeles personal injury lawyer to successfully prove your claim.
Again, the courts will heavily examine the role of alcohol in the case. This means it is critical to gather enough evidence to prove the driver’s negligence as opposed to your own misjudgment. A Los Angeles injury lawyer will work to prove alcohol consumption did not relate to the conditions surrounding the crash.
Unfortunately, alcohol-related injury accidents often result in fatality. If the deceased victim was under the influence, their surviving loved ones may still be able to file a lawsuit. While these cases are complex and highly sensitive, it may be worth considering to receive closure and peace of mind.
John J. Perlstein is an experienced Los Angeles wrongful death lawyer. He regularly handles a variety of cases including car accidents, drownings, and other fatal accidents.
In the event of a tragedy, our team will be by your side. We will fight relentlessly to hold the negligent party responsible and prove your loved one’s innocence.
Note that wrongful death cases are timely. Loved ones must file their claims within the two-year statute of limitations. If you are unsure as to whether or not to take legal action, it may be worth scheduling an initial consultation.
Contact a Los Angeles Personal Injury Lawyer
Regardless of if a victim was under the influence at the time of the accident, they still have legal rights. Whether it is a DUI accident or a slip and fall, you may be able to pursue legal action for any injuries caused by another’s negligence.
Our Los Angeles personal injury lawyers will do everything in their power to ensure financial compensation for any injuries or fatalities endured. We practice on a contingency fee basis, meaning you do not have to pay us upfront costs unless you win. This alleviates any stress or pressure, so you can focus on recovery.
Contact us for a free consultation with an experienced personal injury attorney on your personal injury or wrongful death case.