San Mateo Drunk Driving Accident Attorney Near You

Each year, drunk driving accidents devastate lives across California, causing catastrophic injuries, emotional trauma, and financial hardship for innocent victims. The professional, aggressive, knowledgeable, and dedicated legal team at Carcione, Henderson & Markowitz, LLP, has spent over four decades fighting for justice on behalf of those harmed by intoxicated drivers. We’ve secured hundreds of millions in compensation for our clients while holding negligent parties accountable for their actions.

As experienced trial attorneys with a proven track record of multimillion-dollar verdicts and settlements, we know how to investigate DUI accidents thoroughly, build compelling cases, and maximize your recovery. If you or a loved one has been injured by a drunk driver, contact CHM Law Firm today for a free, no-obligation consultation.

Benefits of Hiring a San Mateo Attorney for Your Drunk Driving Accident Injury Claim

Working with a San Mateo drunk driving accident lawyer offers numerous advantages when pursuing compensation for your injuries. Our attorneys have an intimate knowledge of local courts, judges, and procedures that can significantly impact your case outcome. We maintain relationships with San Mateo County law enforcement, medical providers, and accident reconstruction specialists who can strengthen your claim with expert testimony and evidence.

Unlike large national firms, we at CHM Law Firm deliberately limit our caseload to provide each client the personalized attention they deserve. Our team handles all communications with insurance companies who often try to minimize compensation, allowing you to focus entirely on your recovery.

In addition, it costs you nothing upfront and nothing out-of-pocket to hire our San Mateo personal injury law firm to handle your case. We are paid only when you get your full and fair compensation, as our fees come from a percentage of the recovery.

How We Investigate Drunk Driving Accident Injury Cases

At CHM Law Firm, we conduct exhaustive investigations into every drunk driving accident injury case we handle. Our process begins with securing all available evidence before it disappears, including police reports, breathalyzer results, blood alcohol testing data, and any video footage from traffic cameras or nearby businesses.

A key part of the process is visiting the accident scene to document road conditions, skid marks, property damage, and other physical evidence that tells the story of what happened. Our team will also interview eyewitnesses while their memories remain fresh, and we may work with accident reconstruction experts who can scientifically establish how the crash occurred.

In some instances, we can collaborate with toxicologists who can testify about how alcohol affected the driver’s ability to operate their vehicle safely. Our attorneys may also subpoena bar tabs, credit card receipts, and social media posts that might reveal where the driver was drinking before the accident. This approach will help us build the strongest case against all responsible parties.

Compensation You Could Recover in a Drunk Driving Accident Injury Claim

Victims of DUI accidents in San Mateo may be entitled to substantial compensation for their losses. Our experienced attorneys will fight tirelessly to recover every dollar you deserve for your injuries and suffering.

We may be able to help you recover compensation for the following:

• Medical expenses
• Lost income
• Physical pain and suffering
• Emotional distress
• Loss of enjoyment of life
• Property damage, such as vehicle repair/replacement

In particularly egregious cases involving severely intoxicated drivers or those with prior DUI convictions, we may also pursue punitive damages.

Can Bars, Restaurants, Shops, and Social Hosts Face Liability for a Drunk Driving Accident?

California has specific laws regarding third-party liability in drunk driving cases, known as “dram shop liability.” Unlike many states, California generally limits the liability of businesses that serve alcohol to intoxicated patrons who later cause accidents. Under California Business and Professions Code sections 25602 and 25602.1, establishments typically cannot be held liable for injuries caused by their intoxicated customers.

However, important exceptions exist. Bars, restaurants, and shops that knowingly serve alcohol to obviously intoxicated minors may face liability for resulting losses. Social hosts who serve alcohol at private gatherings also generally receive immunity from civil liability, but the same exception applies to serving minors in these situations as well.

Can I Recover Compensation Even if the Drunk Driver Isn’t Charged?

Many drunk driving victims are surprised to learn that civil personal injury claims operate independently from criminal proceedings, with different standards of proof and objectives. As such, you can still recover compensation even if the drunk driver who caused your accident isn’t criminally charged or convicted.

Criminal DUI cases require prosecutors to prove guilt “beyond a reasonable doubt,” which is the highest legal standard. In contrast, civil claims only require proving liability by a “preponderance of evidence,” meaning it’s more likely than not that the driver’s negligence caused your injuries. Even without criminal charges, our attorneys can use evidence like police reports, witness statements, field sobriety test results, driving behavior observations, and the driver’s statements to establish liability.

What Are California’s Laws on Drunk Driving?

California alcohol laws regarding driving under the influence are among the strictest in the nation, reflecting the state’s commitment to preventing these dangerous behaviors. In California, it’s illegal to operate a motor vehicle with a blood alcohol concentration (BAC) of 0.08 percent or higher for regular drivers, 0.04 percent for commercial drivers, and any measurable amount for drivers under 21 years old.

The state employs a “zero tolerance” policy for underage drivers, meaning even minimal alcohol detection can result in license suspension. California also recognizes “impaired driving” charges, where a driver might have a BAC below legal limits but still shows diminished driving ability due to alcohol, drugs, or a combination of substances.

The state’s “implied consent” law requires drivers to submit to chemical testing when lawfully arrested for suspected DUI. Refusal to comply results in automatic license suspension and can be used as evidence of consciousness of guilt in both criminal and civil proceedings.

Understanding these laws helps our attorneys identify all potential negligent behaviors that contributed to your accident and strengthen your compensation claim.

How Long Do You Have to File a Drunk Driving Accident Lawsuit in California?

In California, the statute of limitations generally requires you to file a drunk driving accident lawsuit within two years of the date of the crash. Courts strictly enforce this deadline, and failing to file within this timeframe typically results in losing your right to seek compensation forever. A DUI accident attorney at CHM Law Firm can ensure you don’t miss any critical filing deadlines in your case.

Some situations may alter the standard timeline for filing a drunk driving accident lawsuit:

• Claims Against Government Entities – If your accident involved a government vehicle or resulted from road defects, you must file an administrative claim within six months.
• Minor Victims – If the injured person is under 18, the limitations period doesn’t begin until they reach adulthood.
• Wrongful Death Claims – Families typically have two years from the date of death to file a lawsuit.

Evidence disappears quickly in drunk driving cases, with witnesses’ memories fading and physical evidence being lost. Because of this, we recommend contacting our team immediately after an accident to preserve crucial evidence and protect your legal rights. Prompt legal representation allows us to begin our investigation while evidence remains fresh and available.

What to Do After a Drunk Driving Accident

The actions you take immediately following a collision with an impaired driver can significantly affect your health and legal rights. First and foremost, prioritize safety and medical attention. Move to a safe location, if possible, and call 911 to report the accident.

When interacting with police, report any observations suggesting the other driver might be intoxicated (e.g., the smell of alcohol, slurred speech, erratic behavior, visible containers). Collect evidence at the scene by taking photos of vehicle damage, skid marks, road conditions, and visible injuries. Exchange information with the other driver and obtain contact details from any witnesses.

Be sure to seek an immediate medical evaluation. You might initially feel fine, but some serious injuries may not show symptoms immediately. Follow your doctor’s treatment recommendations, and keep detailed records of all medical appointments, treatments, and how your injuries affect daily life.

Finally, contact a DUI accident lawyer promptly before speaking with any insurance representatives. Insurance adjusters often contact victims quickly with settlement offers that don’t reflect the actual value of your claim. We at CHM Law Firm can protect you from these tactics and handle all communications with insurers.

Common Injuries Caused in San Mateo Drunk Driving Accidents

Drunk driving accidents in California frequently result in catastrophic injuries due to the impaired driver’s diminished reaction time, poor judgment, and tendency to drive at excessive speeds. At CHM Law Firm, we’ve represented clients who have suffered severe injuries from DUI accidents, including the following:

Our attorneys will work closely with medical specialists to understand the full extent of your injuries and their long-term implications.

Contact an Experienced San Mateo Drunk Driving Accident Injury Lawyer Today

If you or someone you love has been severely injured by an impaired driver, a San Mateo drunk driving accident attorney at CHM Law Firm can help you fight for the justice and compensation you deserve. We handle everything from investigating the accident and gathering evidence to negotiating with insurance companies and representing you at trial if necessary.

Contact us today for a free, confidential consultation to discuss your case and explore your legal options. You pay nothing unless we recover compensation on your behalf.