Negligence and Alcohol or Drug Intoxication

Any motorist who drives under the influence of drugs or alcohol fails to behave as a reasonable driver would and is likely negligent. When a driver is negligent, they can be liable for any injuries in a crash they cause. In a DUI case in California, there are many ways you might be able to prove that the drunk or drugged driver was at fault, such as:

• Results from a breathalyzer test;
• Results from another type of chemical test;
• Restaurant or bar receipts from nearby; and
• Witness testimony from witnesses who saw the motorist drinking or using drugs or who saw the driver’s behavior on the road.

Generally speaking, when you have evidence that shows a driver was intoxicated and, therefore, negligent, you can obtain compensation through an insurance claim or a civil lawsuit against that motorist.

Comparative Fault Under California Law

Sometimes, even in DUI or drugged driving cases, the intoxicated driver might argue that the injured plaintiff who filed the claim was partially at fault for the crash. In some cases, it may be possible to prove that the plaintiff was also partially at fault due to negligence.

Yet even if the intoxicated driver is somehow able to show that you were partially at fault for the collision, California law still allows you to recover damages. Indeed, California uses a pure comparative fault system. What this means is that you can recover damages even if you were partially at fault and even if you were up to 99% at fault. As long as the defendant (in your case, the intoxicated driver) was even 1% at fault, that party can still be required to pay you a portion of the damages. However, the total amount of your final damages award will be reduced by any portion of your own negligence. For example, if a court awards $100,000 in a drunk driving case, but the intoxicated driver proves that you were also texting while driving and the court determines you were 10% at fault, your award would be reduced by 10%, or $10,000 in this example, and you would recover $90,000.

Contact an Escondido Car Accident Attorney for Help

In most traffic crash cases caused by an intoxicated driver, you can work with an experienced lawyer to gather the necessary evidence to prove that the intoxicated driver was at fault for the crash. Unlike collisions caused by drowsy driving, for example, there is often clear evidence of intoxicated driving from breathalyzer or chemical test results. DUI cases also can rely on other important evidence, such as witness testimony.

If you need assistance with your auto insurance claim following a collision caused by drunk driving, or if you want to consider a car accident lawsuit against an intoxicated driver, one of the experienced Escondido car accident attorneys at our firm can assist you. Contact the Walton Law Firm today to discuss your case.

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Elevator and Escalator Accidents Have Many Different Causes

There are many different causes for elevator and escalator accidents and injuries, such as:

• Escalator track damage or defect;
• Loose escalator screws;
• Broken escalator steps;
• Escalator misalignment;
• Defective elevator pulley system;
• Defective or broken elevator doors;
• Elevator is improperly leveled with the floor;
• Electrical problems with elevators or escalators; and/or
• Negligent maintenance of elevators or escalators.

Many Different Types of Parties Can be Liable for Elevator and Escalator Injuries

Liability for an elevator or escalator accident will depend upon the facts of the case and the cause of the injury. In general, the following parties could be liable for an elevator or escalator accident and injury:

• Designer or manufacturer of a defective elevator or escalator part;
• Property owner or manager of the premises where the elevator or escalator exists;
• Mechanic responsible for performing maintenance on the elevator or escalator;
• Construction company responsible for installing the elevator or escalator; or
• Another passenger on an elevator or escalator.

You Will Need to File an Elevator or Escalator Injury Claim in a Timely Manner

California law requires most personal injury lawsuits to be filed within two years from the date of the injury, including most elevator and escalator accident injuries. However, if the injury occurred on government property, such as in a government building, you may need to file the claim much more quickly. A San Diego County personal injury lawyer can assess your case and discuss a timeline with you.

Escalator and Elevator Injuries are More Common Than You Might Expect

Ultimately, escalator and elevator accidents happen more often than you may think. Although you might not give a second thought to stepping onto an escalator or waiting for an elevator to reach your floor, both escalators and elevators can malfunction, and they can result in severe and deadly injuries. Indeed, according to the U.S. Centers for Disease Control and Prevention (CDC), elevators and escalators are responsible for approximately 30 deaths annually and approximately 17,000 nonfatal injuries every year. Between elevators and escalators, elevators are responsible for about 90% of all reported deaths and just over half of all reported nonfatal injuries.

Contact Our Escondido Personal Injury Attorneys

Were you injured in an escalator or elevator accident in Escondido or elsewhere in San Diego County? One of the experienced Escondido escalator and elevator accident lawyers at our firm can evaluate your case for you today and provide you with more information about filing a personal injury lawsuit. Contact the Walton Law Firm today for more information.

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