OVER 400 Legal Answers to Frequently Asked Questions to a Variety of California Injury Issues and Legal Problems Associated with California Accidents
What is my case worth? What should I do after a bicycle accident? My car's brakes didn't function properly, do I have a case? Should I sign the insurance company's proposal? Some of your questions may have been answered already on Mark Blane's website. However, San Diego county accidents happen all the time, and all sorts of different questions about different injury scenarios can be raised by a person who is injured. As a result, this personal injury website is dedicated to answering your frequently asked questions about a variety of injuries, your legal rights, and what procedures you should follow. Just browse our frequently asked questions (FAQ) section (below) and look them up. If you have other or more specific questions, just send an email (Contact Us) and you will receive a reply without delay!
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CALIFORNIA DRUNK BICYCLE ACCIDENTS: Is it against California law to ride a bicycle under the influence of alcohol or drugs?
Alcohol and Drugs (CVC 21200.5): It is against the law to ride a bicycle while under the influence of alcohol or drugs.
You can be arrested for DUI (Driving under the Influence) and it applies to both alcohol or drugs.
More Legal Questions About Pedestrian & Bicycle Accidents?
Do you have more legal questions about car & motorcycle accident cases? Return to the Pedestrian & Bicycle Accidents in California Frequently Asked Legal Questions page.
CALIFORNIA DRUNK DRIVING ACCIDENT: Can victims of a California drunk driving accident qualify for assistance from the California Crime Victims Compensation Fund?
Victims of drunk driving accidents can qualify for the Crime Victim Compensation fund if they suffered "bodily injuries" as the direct result of a "vehicular crime." Any car accident involving a drunk driver will qualify as a vehicular crime. Certain restrictions do apply.
Important Note about the Fund: Remember, if you have a claim agains the at-fault driver's insurance, then you may want to consider not using the fund to assist you since you will more than likely obtain a fair settlement (hopefully) from the solvent defendant's insurance; also, if you do get a settlement from the insurance, you have to pay back the fund! Also, by not using the fund helps other victims of crimes get compensation who have no insurance to go after! Discuss this with your San Diego Injury or California injury lawyer so you can make an informed decision on using the fund.
SAN DIEGO CALIFORNIA DRUNK DRIVING ACCIDENT: What other damages am I entitled to if I am hit and injured by a Drunk Driver in California?You are entitled to Punitive Damages, also known as "exemplary damages" which means you can ask a California jury, judge or claims adjuster to increase the value of your injury case because of the negligent, wreckless conduct, of the Drunk Driver who chose to drink and drive that led to your bodily injuries. This is true for all of the states in the U.S.
Your California injury lawyer will plead for "Punitive Damages" in the lawsuit, should one be necessary, on top of every other damage you are entitled to. A good lawyer is needed for these types of injuries because an everyday person will not know how much punitive damage value is available to them from an accident involving an at-fault drunk driver.
Punitive damages are given by a jury, and can be given as part of your over-all settlement by the insurance company prior to trial. Most insurance companies will argue they should not have to pay out these damages because they are not required to cover for them (because the damages are for reckless or almost intentional conduct, and they only cover for negligence), but every insurance company is required to "minimize" their at-fault insured's potential exposure for said damages!