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Is a california driver able to collect damages for pain and suffering where he/she was rear-ended by another driver, and he/she

San Diego, CA |

was found guilty of being under the influence at the time of the accident?

Attorney Answers 12

Posted

You mean you had the DUI? Please specify.

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Posted

Yes, in addition to all out of pocket expenses (like medical bills, lost wages) you are entitled to pain and suffering. You might want to consult with a local personal injury attorney who is familiar with the auto accident laws, and who knows how to deal with insurance companies who will try and lowball you.

http://lawofficeofwilliamdaley.com/san-diego-auto-accident-attorney

I will be happy to speak with you at no cost with a FREE phone consultation if you have a San Diego or California matter. Please call my office at 619-238-1905 or visit my website at www.lawofficeofwilliamdaley.com

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Posted

No. See Civil Code §3333.4, which provides as follows:

(a) Except as provided in subdivision (c), in any action to
recover damages arising out of the operation or use of a motor
vehicle, a person shall not recover non-economic losses to compensate
for pain, suffering, inconvenience, physical impairment,
disfigurement, and other nonpecuniary damages if any of the following
applies:
(1) The injured person was at the time of the accident operating
the vehicle in violation of Section 23152 or 23153 of the Vehicle
Code, and was convicted of that offense.

There is an exception (referred to as subdivision C above) if the other driver was convicted of DUI.

Good luck.

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Posted

Get a copy of he documentation, police report, tickets received, and contact an attorney.

View my website & give me a call for a FREE consultation if you are a California resident 877-427-2752 or you can email me at Michael@Kingofpersonalinjurylaw.com www.KingofPersonalInjuryLaw.com I am licensed in California only and my answers on Avvo assume California law. Answers provided by me are for general information only. They are not legal advice. Answers must not be relied upon. Legal advice must be based on the interplay between specific exact facts and the law. This forum does not allow for the discussion of that interplay. My answer to any specific question would likely be different if that interplay were explored during an attorney-client relationship. I provide legal advice during the course of an attorney-client relationship only. The exchange of information through this forum does not establish such a relationship. That relationship is established only by personal and direct consultation with me followed by the execution of a written attorney-client agreement signed by each of us. The communications on this website are not privileged or confidential and I assume no duty to anyone by my participation on Avvo or because I have answered or commented on a question. All legal proceedings involve deadlines and time limiting statutes. So that legal rights are not lost for failure to timely take appropriate action and because I do not provide legal advice in answer to any question, if you are an interested party you should promptly and personally consult with an attorney for legal advice. Also, see Avvo's terms and conditions of use, specifically item 9, incorporated by this reference

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Posted

Yes if you were injured and the other driver was at fault, you can collect against them and make a claim on their insurance for your injuries and damages. The fact they were legally under the influence, allows you to also claim punitive damages for which the other driver is legally responsible as the insurance will not cover those damages.
You can recover for your property damage, loss of use of your car (rental car), loss of past and future earnings. loss of earning capacity, past and future medical expenses that are reasonably necessary, mileage to and from the medical providers and auto body shop (keep a detailed mileage log to prove the mileage), and pain and suffering. You should pictures of your car, the other car, the scene and your injuries, prepare a detailed statement of all the surrounding the accident, get a copy of the police report and any police photos, and all your medical recors and bills, keep a daily journal for your lawyer of how your injuries feel each day and all the medications you are taking.
As I am in San Diego and have worked on these kinds of cases for almost 30 years, i am happy to speak with you about this case if you like? Good Luck.

Legal disclaimer:This message does not constitute legal advice and does not create an attorney-client relationship. Any statements are made for general informational purposes and do not constitute legal advice. No attorney-client privilege is created by this communication. Attorney is licensed in California only.

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Posted

possibly, but not likely. but i would concede to local councel to further advise you. contact an injury attorney on this site. good luck

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11 lawyers agree

Posted

You can make a claim for your pain and suffering if you were insured; and if the deft was convicted of dui for this incident, you can collect your general damages even if you were not carrying liability ins of your own.

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1 comment

Robert Bruce Kopelson

Robert Bruce Kopelson

Posted

If you were convicted of DUI, but the crash wasnt your fault, and the other driver was not convicted of dui, you cannot collect for pain and suffering/general damages. (Civil Code §3333.4)

Posted

No, there is a California vehicle code section that deals directly with that issue. To be sure your particular case is exempt under that statute contact a local attorney to review all your documents regarding the DUI etc.

This is not intended to be legal advise or as legal representation. I am a California personal injury attorney . Be aware that every state has its own statute of limitations; and statutes & case laws that govern the handling of these matters.

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2 comments

Robert Bruce Kopelson

Robert Bruce Kopelson

Posted

Michael, which section says that a person convicted of dui cant sue for injuries, even if they werent at fault? Id like to look it up. Thanks, Robert

Robert Bruce Kopelson

Robert Bruce Kopelson

Posted

I found it, no need to reply.

Posted

Yes, I agree with my colleagues. You can recover if you were rear-ended and the person that hit you was convicted of DUI. best of luck

This answer is provided by California Accident Attorney Manuel A. Juarez, Esq., 510-206-4492. Abogado de Accidentes de Autos de California: 510-206-4492. Abogado de Lesiones de Accidentes de Autos, provides answers of a general context. These answers are not intended to form an attorney client relationship. Oakland Abogado Accidentes Autos, Abogado de Lesiones Personales, Abogado de Accidentes de carros, Abogado de accidentes de Peatones, practices in Antioch, Berkeley, Concord, Oakland, Hayward, Martinez, Newark, Richmond, San Francisco and San Rafael. El abogado de lesiones y heridos en accidentes de autos, is licensed only in California. This information is good only in California and it is not to be taken as legal advice on car accidents, personal injury, divorce, bankruptcy or in any other type of situation. Esta respuesta es del Abogado de Accidentes de Autos, Abogado de Lesiones Personales, Abogado de Heridos en Accidentes de carros, Manuel A. Juárez, 510-206-4492. Abogado Hispano de Accidentes, Abogado de Divorcios, Abogado Latino de Accidentes, Abogado de Accidentes de Oakland, Hayward, San Francisco, California. Estas respuesta son solo para información general y no consisten en consejo legal sobre divorcios, mantención de esposas, mantención de hijos o bancarrotas. Las respuestas son comentarios legales que no forman una relación de abogado y cliente. Manuel Juarez, Esq., esta licenciado solo en el Estado de California.

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Posted

No.

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Posted

So long as you were not at fault in any way you can recover these and other damages. We're you at a complete stop? We're in entirely in your lane? Of course your ability to collect damages does not absolve you of breaking the law yourself. Consult an attorney ASAP.

Call for a free consultation at 727-937-1400 or visit us on the Web at www.serviceandjustice.com.

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Posted

California law penalizes uninsured drivers and drunk drivers should they be involved in an accident... but the laws are not straight forward... thus, anyone who suffers an injury as a result of a motor vehicle accident should hire an experienced personal injury attorney right after leaving the doctor's office.

No one should handle any claim (involving a motor vehicle accident with bodily injury) against any insurance company without a lawyer. Claims should be handled by a lawyer - one who will be able to understand and explain the physical damages and injuries from accident. The victim of a car accident really needs to worry about one thing - getting better. That means attending doctor's appointments, attending physical therapy (if appropriate), and taking his or her medication. All of the rest can be handled by a personal injury attorney. We earn our fees (contingent by the way) by taking on the stress and hassle of fighting for money - I dare say some of us actually enjoy the fight, but I realize that most people do not enjoy conflict.

- Paul

Paul J. Molinaro, M.D., J.D.
Attorney at Law, Physician, Broker
Fransen & Molinaro, LLP
980 Montecito Drive, Suite 206
Corona, CA 92879
(951)520-9684
www.fransenandmolinaro.com / www.888MDJDLAW.com

"When you need a lawyer, call the Doctor... Call Paul J. Molinaro, M.D., J.D... Call (888)MDJDLAW."

* This post and all others I make on Internet are for informational purposes only. None of the information or materials I post are legal advice. Nothing I post as comments, answers, or other communications should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship. While I try to be accurate, I do not guarantee accuracy.
** Fransen & Molinaro, LLP practices in the areas of personal injury, medical malpractice, and real estate law.

Paul J. Molinaro, M.D., J.D. ... Attorney at Law, Physician, Broker... Fransen & Molinaro, LLP... 980 Montecito Drive, Suite 206... Corona, CA 92879... (951)520-9684... www.fransenandmolinaro.com / www.888MDJDLAW.com... "When you need a lawyer, call the Doctor... Call Paul J. Molinaro, M.D., J.D... Call (888)MDJDLAW." ... * This post and all others I make on Internet are for informational purposes only. None of the information or materials I post are legal advice. Nothing I post as comments, answers, or other communications should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship. While I try to be accurate, I do not guarantee accuracy... ** Fransen & Molinaro, LLP practices in the areas of personal injury, medical malpractice, and real estate law.

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