San Diego Personal Injury Lawyer Blog

Fox Business writer Susan Ladika reported that San Diego is ranked first among the nation's major cities for DUI citations. The report is based on statistics from Insurance.com from November 1, 2010 to October 31, 2011. Furthermore, it is the second year in a row San Diego leads the list. However, confounding factors such as lack of public transportation and vigilance by local police could account for the high ranking. Peter Moraga, spokesman for the Insurance Information Network of California, speculates that California leads in DUI citations because it is a "car-centric state," and law enforcement officials are "very attuned to the danger of driving under the influence." Other factors such as tourists, visiting business people, people in the military, and young drivers contribute to the problem. According to the FBI there were 1.4 million DUI arrests in 2010.

Applicable California Law

For the law and other factors affecting DUI accidents in California see my prior Blog post UC San Diego Study On DUI Car Accidents Causing Serious Injury Or Fatalities.

The holidays and, in particular, New Years can be very dangerous for motorists due to impaired drivers on the road. Auto accidents, motorcycle accidents, truck accidents, or any accident involving DUI drivers often result in serious injuries or wrongful death. If you or a loved one are the victim of an intoxicated driver seek the advice of an experienced personal injury attorney.

San Diego News 8 reported that an unidentified woman passenger in a Hyundai Sonata was fatally injured on October 8, 2011. The tragic auto accident happened at around 2:30 a.m. on state Route 78 and Bear Valley Parkway in Escondido, when 21-year-old Joshua Goldbaum of Escondido collided into a Ford Aerostar van. One of Goldbaum's passengers died, another was injured as well as the driver of the van. The passenger in the van, who sustained major injuries is expected to survive. According to CHP Officer Bettencourt, Goldbaum who fled the scene, was later arrested and taken to the Vista jail and faces numerous felony charges for hit-and-run, gross vehicular manslaughter and driving under the influence.

Our condolences go out to the families and friends of those who tragically lost their lives

Applicable California Law

Goldbaum will face felony criminal charges for driving under the influence and leaving the scene of the accident (see my prior Blog post San Diego Hit-And-Run Auto Accident Causes Severe Brain Injury for California hit-and-run and DUI Law). In addition, Goldbaum and the owner of his vehicle will be liable for any property that was damaged as well as the wrongful death of the victims and those who sustained personal injury (see my prior Blog post San Diego Woman Killed by Auto Accident Debris for California law on Wrongful Death and "survivor actions"). However, if the passengers in the Goldbaum vehicle knew he was intoxicated and chose to ride in his vehicle, there will be allegations of comparative fault, which will affect the value of any claims made by them or their heirs. As always vehicular accidents involving fatalities, serious injuries, and multiple claimants raises issues as to the adequacy of insurance coverage or other assets of those responsible (see my prior Blog post Uninsured / Under-insured Auto and General Accident Guide on California insurance coverage).

Young adult drivers pose some of the highest risk to themselves and others on the road. They often ignore the risks of driving recklessly and or under the influence of drugs or alcohol, causing auto accidents, motorcycle accidents, and bike accidents resulting in wrongful death or catastrophic injuries. When the impact of a serious injury or the loss of a loved one touches your life, talk to an experienced personal injury attorney.

Sign on San Diego Kristine Davis reported that Jessica Bloom, 21, of Rancho Bernardo pled not guilty to felony hit-and-run drunk driving on August 3, 2011. The charges arose out of auto accident on July 31, 2011 at around 12:30 p.m. when she rear-ended Sgt. David Smith, 34, a career Marine originally from Texas. Smith was stopped at a traffic light at Bernardo Center Drive near West Bernardo Drive on his motorcycle when he was hit and sustained a serious head injury. Witnesses saw Bloom hit Smith and flee the scene, she was later arrested. Deputy Attorney Matthew Williams said Bloom's blood-alcohol level was .37, four times the legal limit. Smith was taken to Palomar Medical Center in Escondido where he remains in a medically induced coma. Smith's fiancée, Vanessa Potts, said "It's unfair, we've been through a lot this past couple years and he's been through a lot in his military career, surviving an IED explosion. How do you come home and get hurt doing something that you love? I mean, he genuinely loves riding. That day, the last message I got from him was how beautiful the day was, and how he wished he could ride all day."

Applicable California Law

Bloom faces felony hit-and-run and drunk driving charges (see my prior Blog post San Diego Hit-And-Run Auto Accident Causes Severe Brain Injury on Hit-and-Run and DUI Law in California). In addition, Smith will have claims for his personal injury; however, it is doubtful that Bloom carries enough insurance coverage to adequately compensate Smith for his injuries. Being put into an induced coma for any length of time will result in tens to hundreds of thousands of dollars in medical costs and most likely lifelong consequences. Hopefully Smith has the benefit of substantial uninsured/underinsured coverage of his ownown (see my prior Blog post Uninsured / Under-insured Auto and General Accident Guide)

Another instance of a drunk driver causing catastrophic injuries and changing people's lives forever. Auto accidents resulting in motorcycle accidents caused by drunk drivers often cause catastrophic injuries or wrongful death. Contacting an experienced personal injury attorney to talk about the options in coping with the serious injury or the loss of a loved one is essential.

NBC News reported on a new study, which recommends lowering the legal limit for DUI arrests. The study conducted by sociologist David Phillips and Kimberly Brewer at the University of California San Diego suggests that even one drink can seriously impair a driver enough to cause an accident resulting in serious injuries or wrongful death. The study was in part based on data from the Fatality Analysis Reporting System, which contains statistics on U.S. drivers involved in fatal car accidents. The researchers analyzed the ratio of severe injuries and minor ones involving 1.5 million people between 1994 and 2008. According to Phillips, "accidents are 36.6 percent more severe even when alcohol was barely detected in driver's blood." "Compared with sober drivers, buzzed drivers are more likely to speed, more likely to be improperly seat-belted and more likely to drive the striking vehicle, all of which are associated with greater severity," Phillips said. Phillips hopes the study will influence legislators to lower the blood alcohol levels for impaired drivers so as to reduce severe injuries, which will save lives.

Applicable California Law

California lowered its blood alcohol concentration (BAC) to .08 in 1990. California Vehicle Code 23152 makes it illegal to drive while under the influence of alcohol or drugs (see my prior Blog post San Diego Woman Arrested For Fatal Coronado Traffic Accident for California's Driving Under the Influence Law). In addition to criminal penalties, there is civil liability for those who injure or fatally injure victims (see my prior Blog post San Diego DUI Statistics Improve On The New Year for California Wrongful Death and Punitive Damage Law).

Intoxicated drivers, often fail to understand that even one drink affects their ability to make appropriate decisions while operating their vehicle. Statistics and studies show that auto accidents, motorcycle accidents, and truck accidents involving alcohol and or drugs usually result in serious injuries or wrongful death. Victims and their loved ones should consult with an experienced Personal Injury Attorney before they take any action.

SAN DIEGO UNION TRIBUNE Elizabeth Aguilera reported that Izaiah Wallis of Vista was released from Rady Children's Hospital on May 17, 2011 after being hospitalized for seven months. Izaiah and his grandfather were on there way to a park in Oceanside when they were struck by a 17-year-old drunk driver on October 18, 2010. The toddler was thrown from his stroller and was left paralyzed and partially blind as a result of a brain injury when his head was severed from his spine. His parents were quoted as saying, "It's going to be a bumpy road, but with all the help and support we can get through this," said Jacob Wallis, Izaiah's father. "It's like bringing a newborn baby home for the first time. Lucy and I have waiting for this day to come," said Wallis, referring to his fiancé, who is also Izaiah's mother. The driver who hit them was sentenced to 480 days in custody.

Applicable California Law

The teenage driver was convicted of driving under the influence resulting in bodily injury (see my prior Blog post on California DUI Law). Furthermore, Izaiah and his grandfather will have claims for personal injury. However, there is a question as to the amount of insurance or other assets of the responsible parties to adequately compensate the victims, which is usually the case in accidents involving catastrophic injuries(see my prior Blog post on UM/UIM Coverage). Given the catastrophic nature of Izaiah's injuries and the cost of future care it is doubtful that the defendants have adequate assets. California has various assistance programs, such as the fund for victims of violent crimes. Fortunately, San Diego has exceptional facilities to help brain injury victims such as Brain Tek Institute and the rehabilitation center at Scripps Memorial Hospital in Encinitas (see my prior Blog post on Traumatic Brain Injury).

A routine stroll to the park turns into tragedy. Auto Accidents involving drunk drivers and pedestrians often result in brain injuries or other catastrophic injuries. Talking to an experienced personal injury attorney can greatly assist the victims and their families.

San Diego News 10 reported that 28-year-old Nicholas Thibault pleaded guilty to gross vehicular manslaughter and was sentenced on May 10, 2011 for the death of 48-year-old Brent Routley. The fatal auto accident happened on February 27, 2011 when Thibault, who was drunk at the time, veered off the road as he exited the I-805 in City Heights. Routley who was camping in the shrubbery was struck and killed by the BMW, which Thibault had borrowed. Routley was survived by his wife Michelle, children, and grandchildren. His wife was quoted as saying "He's (Thibault) taken away my partner for life. He's taken away my future." A friend Dorothy Fenley said Routley had just gotten a job and was on his way to getting his life back together.

Our condolences go out to the Routley family and friends.

Applicable California Law

Thibault pleaded guilty to vehicular manslaughter for violation of California Penal Code Section 192. Furthermore, he as well as the owner of the vehicle will be liable to the Routley family for Brent Routley's wrongful death (see my prior Blog post on Wrongful Death Law in California). The owner of the BMW will be liable for entrusting his vehicle to another regardless of any fault under California's permissive use law Vehicle Code Section 17150. If the owner of the BMW knew or should have known that Thibault was drunk when he let him use the vehicle, he would be responsible for negligent entrustment. Thibault could also face claims for punitive damages for gross negligence for driving under the influence (see my prior Blog post on California DUI Law).

Just as a man is turning his life around, he is tragically killed. Auto accidents, truck accidents, and motorcycle accidents involving reckless drunk drivers often result in serious injury or wrongful death. The aide of an experienced personal injury attorney can help surviving family members obtain justice.

San Diego News 6 reported that a bicycle rider was seriously injured when he was hit by a motorcyclist on March 20, 2011. The bike accident happened around 12:30 a.m. on the 200 block of 31st Street when the cyclist rode into the path of the motorcycle according to officer David Stafford of the San Diego Police Department. The bicycle rider is thought to have sustained a broken pelvis. The unnamed motorcyclist fled the scene of the accident after leaving his passenger there. The motorcycle rider was subsequently arrested by police at his home on suspicion of felony drunk driving and hit and run. The bicycle rider had also been drinking, according to Stafford, but was not charged.

Applicable California Law

The motorcyclist will face criminal charges for felony hit and run as well as DUI (see my prior Blog post on California DUI Law and California Hit and Run Law). In addition, the bicyclist rider will have claims for any damage to his bicycle and his personal injuries. This would include medical expenses, lost earnings and earning capacity, and compensation for pain and suffering. However, if it is determined that his drinking, or his driving contributed to causing his injuries, any claims will be reduced accordingly. If the motorcyclist was in fact driving under the influence at the time of the accident he could be subject to punitive damages (see my prior Blog post on California Punitive Damage Law).

Weekend partying often leads to people drinking and driving. Serious injuries resulting from auto accidents, motorcycle accidents, or bicycle accidents can be devastating. Before taking any action talk to an experienced Personal Injury Attorney.

San Diego News 10 reported that five people were injured because of an auto accident resulting from a high speed chase with police on February 4, 2011. The chase started at around 9 p.m. on Highway 163 when a CHP officer tried to pull over a speeding vehicle whose driver refused to stop. The pursuit continued through downtown when, at Sixth Avenue and A Street, the fleeing vehicle hit another vehicle, which was occupied by a couple and their young daughter. "It was definitely a violent collision" said San Diego police Sgt. James Reschke. "He was doing some serious speed." According to witness Eric Moore, "When I looked in my rearview mirror... I saw a car flipping over." Multiple officers attempted to restrain the driver of the fleeing vehicle, who kicked out a patrol car's window. "He was high on something: alcohol or drugs or both," said Reschke. The intoxicated driver, his passenger, and the occupants of the other vehicle were all injured and taken to local hospitals for treatment. Subsequently, the reckless driver and his passenger were both arrested for speeding and other violations.

Applicable California Law

The driver of the fleeing vehicle will face potential criminal charges for violation of Penal Code 148 resisting or avoiding arrest, Vehicle Code 22350 California's speed law and DUI (see my prior Blog post on California's DUI Law) to name a few. In addition, he will face civil liability for any property that was damaged as well as for the personal injuries he caused. Furthermore, he could face potential claims for punitive damages for gross negligence (see my prior Blog post for the law on Punitive Damages). If the passengers of his vehicle pursues any claims, they could be reduced to the extent that their conduct contributed to their own injuries.

A family outing is ruined by a reckless driver. Auto accidents, and motorcycle accidents, caused by reckless drivers generally result in serious injuries. The council of an experienced personal injury attorney is crucial to knowing what claims should be pursued.

Union Tribune reporter Eric Edmonds story on off-roading in Southern California's deserts, highlights the heightened risk of serious injuries to children caused by the operation of all terrain vehicles. Although off-roading in California is a year-round activity, when temperatures in the deserts are more moderate, around October, large numbers of off-road enthusiasts driving motorcycles, trucks and ATVs invade popular areas such as Glamis in San Diego. People taking vacations or getting away for the weekend for fun converge on these areas creating virtual cities. Unfortunately, with the large numbers of people racing and partying, popular areas such as Glamis start to resemble war zones due to accidents caused by reckless drivers.

An ongoing research study being conducted at Rady Children's Hospital in conjunction with Children's Hospital of Orange County has found some interesting patterns concerning desert season and off-road vehicle-related injuries in children. The age of those injured ranges from 8 months to 14 years (the cutoff age for trauma being directed toward a children's hospital). Forty percent of the injuries are fractures and 20 percent of the injuries involved the skull, brain, spine, or other internal injuries. Moreover, about half of the fractures require surgery.

The primary vehicles involved in causing serious injuries are dirt bikes, which account for approximately 45% ; ATVs, quads, and other vehicles make up the rest. Far too many children fail to use proper safety equipment and or lack the safety training in the first instance. The study suggests that the lack of adequate regulation and enforcement is of great concern.

Applicable California Law

As a result of the negligence or reckless conduct of others, many are seriously injured or wrongfully killed. Therefore they have personal injury claims, and or their heirs have potential wrongful death or survivor actions against the responsible parties (see my prior Blog post for California's Wrongful Death Laws). Many off-road enthusiasts fail to understand that even while driving off-road that they must follow the same rules of the road regardless of whether they are off-road or not. Unfortunately, many of the wrongdoers fail to carry adequate insurance coverage, or any insurance at all (see my prior Blog post on California Uninsured/Underinsured Motorist Law).

Basic safety training and proper use of safety equipment can greatly reduce the risk of serious brain injuries, spine injuries, internal injuries, or broken bones requiring surgery. Motorcycle accidents, truck accidents, or ATV accidents can cause life altering injuries or death. If you or a loved one have been seriously injured or have lost a loved one in any accident before taking any action talk to an experienced personal injury attorney.

Union Tribune reporter Pauline Repard reported that in San Diego County and statewide, fatalities and drivers arrested for drunk driving during the New Year's weekend were significantly less than a year ago, most likely because it lasted only three days this year as compared to four a year ago. According to CHP officer, Jesse Udovich, there were 60 arrests and one fatality in San Diego over the holiday weekend compared to last year when there were 101 DUI arrests and three fatalities. Statewide there were 961 drunk driving arrests and 25 DUI related deaths compared to 1388 arrests and 36 deaths a year ago.

Kelly McPherson, 53, of Mission Valley was fatally injured when he tried to walk across Murray Drive in La Mesa at around 1:30 a.m. on January 1, 2011. The driver of the vehicle that hit him, 48-year-old Dana Lohner was later arrested on suspicion of drunk driving.

Applicable California Law

Lohner will face felony criminal charges for driving under the influence and causing death or injury (see my prior Blog post for California DUI Law). In addition, McPherson's heirs will have wrongful death claims against Lohner (see my prior Blog post on California Wrongful Death Law). Furthermore, Lohner could face additional claims for punitive damages for her reckless conduct of driving while intoxicated (see my prior Blog post on California Punitive Damage Law).

Although seemingly the new year started out on a positive trend, it was still fraught with tragedy. Wrongful death or serious injuries resulting from auto accidents or truck accidents involving pedestrians are catastrophic. Consulting with an experienced personal injury attorney is critical to obtaining justice.

San Diego News 8 reported that four motorcyclists as well as a passenger in another vehicle were killed and six others were injured on Saturday afternoon, November 13, 2010. The accident happened at around 1:00 p.m. on Route 98, a remote desert two-lane highway in Ocotillo, where riders of a Lakeside motorcycle club were on their way to Yuma Arizona to celebrate their 10th anniversary. Carlos Bobadilla, a resident of Mexicali, was driving a Dodge Avenger when he swerved to avoid hitting a Honda Civic, whose driver was attempting to pass the group of riders. Bobadilla then lost control of his vehicle, driving into the group of riders. Four motorcyclists were killed as well as the owner of the Avenger, a 31-year-old Mexicali woman; six others were injured including Bobadilla who was taken to a hospital for treatment of hand fractures. The driver of the Honda, who apparently caused the accident, did not stop and left the scene. Bobadilla was later arrested for driving under the influence; however, CHP officer DeeAnn Goudie said that it is still unclear if his alcohol consumption contributed to the accident, and thus he is only being charged with a misdemeanor at this time.

Our condolences go out to the friends and families of the deceased and a speedy recovery to those injured.

Applicable California Law

As stated previously Bobadilla will face criminal charges for driving under the influence (see my prior Blog post for California DUI law). Furthermore, if the identity of driver of the Honda is ascertained, he will face potential felony hit and run charges (see my prior Blog post on California Hit and Run law). In addition, both drivers will be liable for the wrongful death and personal injuries sustained by the motorcycle riders (see my prior Blog post on California Wrongful Death law). However, since there were multiple deaths and the Honda driver fled the scene, it is doubtful that Bobadilla or the owner of his vehicle carrie enough liability insurance to adequately compensate the victims and their families. Hopefully, the deceased and the injured carry enough uninsured/ underinsured coverage of there own (see my prior Blog post for California Uninsured/Under-insured law).

A casual celebratory motorcycle ride turns into tragedy. Auto accidents resulting in motorcycle accidents usually cause serious injury or wrongful death. Talking to an experienced personal injury attorney when the time is appropriate is crucial to knowing your rights.

UNION TRIBUNE reporter Caroline Dipping reported that a 34-year-old woman, her 17-year-old daughter, and the passenger in another vehicle being driven by a suspected drunk driver were injured on November 7, 2010. The accident happened in South Bay, on the 2200 block of Palm Avenue, at around 1:00 a.m.. The unnamed driver of a 2006 BMW was allegedly speeding and driving under the influence, when he sideswiped the victims' vehicle knocking it into a parked car. According to San Diego Police officer David Stafford, the unnamed woman was taken to the hospital with a broken femur. Her daughter, the driver of the BMW, and his passenger were also taken to the hospital for injuries. The driver was released and arrested on suspicion of driving under the influence.

Applicable California Law

The driver of the BMW will face potential criminal charges for driving under the influence (see my prior Blog post for California's DIU laws). In addition, he will be liable for the personal injuries sustained by the passenger in his vehicle, and the occupants of the other vehicle. However, his passenger's claim will be reduced if she knew he was driving under the influence and chose to drive with him, thus contributing to her own injuries. If the conduct of the driver of the BMW was reckless enough to constitute gross negligence, he could also be liable for punitive damages (see my prior Blog post in California's law on punitive damages).

Reckless driving while intoxicated poses a great danger to all motorists and pedestrians. Auto accidents, truck accidents, and bus accidents involving DUI drivers generally results in serious injuries or wrongful death. Discussing your case with an experienced personal injury attorney can help you get the fair compensation you deserve.

San Diego News10 reported that a bicyclist, who had been drinking, was struck by a hit-and-run driver on October 14, 2010. The bicycle accident happened in the bike lane on Pomerado Road, near Caminito Vecinos at about 8 p.m.. According to police he was not wearing a helmet, did not have reflective gear or lights on. The rider had been drinking and was wearing a backpack with beer containers inside it, which may have saved his life. San Diego police Sergeant Art Doherty said "He had a number of beverages in the backpack. It probably absorbed the impact." The man refused to cooperate with police and there was no description of the driver or the vehicle; however, debris from the car found at the scene could lead police to the identity of the vehicle. The bicyclist sustained abrasions, bruises, a fractured vertebra, and was transported to the hospital.

Applicable California Law

The driver of a vehicle who is involved in an accident has the responsibility to remain at the scene of the accident (see my prior Blog post on California's Hit-and-run laws). Bicyclist have the same rights and duties, under the law, as any other vehicle on the road (see my prior Blog post on California's Bike laws), which also prohibit drinking and riding (see my prior Blog post on California's Drunk Driving laws). If the driver of the hit-and-run vehicle cannot be identified, the rider can pursue an uninsured motorist claim if he has the benefit of such coverage. However, the fact that he was intoxicated, riding without a helmet, not wearing proper reflective gear, or using lights would diminish the value of his injury claim to the extent he contributed to his own injuries.

Bicycle riders are at high risk of sustaining serious injuries if they are involved in an auto accident. Bicycle accidents usually result in brain injuries, spine injuries, broken bones, abrasions, and contusions. Doing a thorough and proper investigation to identify the responsible parties, and knowing the proper medical specialists to consult with, are some of the benefits of talking to an experienced personal injury attorney.

SAN DIEGO NEWS 6 reported that 54-year-old David Bruce Menea was killed on September 11, 2010 while crossing the street on his bicycle. The bicycle/auto accident happened at around 8:50 p.m. when Mr. Menea was allegedly illegally crossing Main Street near Kalbaugh Street in Ramona and was hit by a Toyota 4Runner being driven by a suspected drunk driver. According to the CHP, the truck then swerved striking a stop sign, jumped an embankment, hit a parked car, and pushing it into a liquor store. Two occupants in the car and another in the store were injured. The CHP reported that 32-year-old Susan Reed the driver of the SUV was taken to Palomar Hospital, and then arrested on unspecified charges.

Our sympathy goes out to the Menea family and friends.

Applicable California Law

The driver of the SUV would be liable for any property that was damaged and injuries to anyone involved in the accident. In addition, if found to be intoxicated at the time of the accident, she will also face criminal charges (see my prior Blog posts regarding the law on driving under the influence). California vehicle Code 21200 gives the same rights and imposes the same duties on bicyclists as any other person operating a vehicle on the road. If the accusations that Mr. Menea was illegally crossing Main Street are accurate and his conduct contributed to causing his own death, then any claims by his heirs for wrongful death, or any "survivor action" would be reduced proportionately (see my prior Blog post for the law on wrongful death and "survivor actions"). As to the others who sustained physical injuries they would have potential claims for bodily injury including medical expenses, lost earnings and earning capacity, and compensation for pain and suffering against all parties found at fault for the accident.

A quiet Saturday Night turns into tragedy. Bicycle accidents and auto accidents can result in death or serious injuries that can change the lives of the injured and their families. Getting advice from a experienced personal injury attorney can help reduce the stress and worries associated with life changing events.

San Diego NEWS 10 reported that 35-year-old Carlos Martinez, the driver of a Jeep Cherokee, was arrested for felony drunk driving after he drove into a bus stop on August 19, 2010 injuring a 15-year-old boy. The truck accident happened at around 6:45 a.m. at the corner of Plaza Blvd. and Palm Ave., in National City. The unidentified boy was run down and sustained multiple injuries including broken bones and was hospitalized. There were no skid marks at the scene to indicate that Martinez made any attempt to break prior to hitting the boy.

Applicable California Law

In addition to criminal charges, Martinez will be liable for the teen's personal injuries (see my prior Blog post for DUI law). According to numbers compiled by the National Highway Traffic & Safety Administration, around 250,000 people have died in the past decade in the U.S. as a result of alcohol-related crashes. That's about 25,000 deaths annually. Car crashes are the leading cause of death for young Americans between the ages of five and 35; of fatal crashes involving young people, at least 50% have involved alcohol or drugs. Over 700,000 people a year are injured in alcohol-related crashes. Young people (between the ages 16 and 24) are much more likely to drive under the influence than are adult Americans (ages 24 and up). Although only one in every five drivers on the road is between the ages of 16 and 24, more than 40% of all DUIs involve drivers in this age bracket. In 2007, Hispanics (45.9 %) represented the largest ethnic group among DUI arrestees.

Although statistics indicate an overall decrease in DUI related deaths and injury accidents, they are still a daily occurrence. Auto accidents, truck accidents, and bus accidents involving the use of alcohol or drugs generally have grave consequences. If you or a loved one has sustained serious injuries due to a DUI driver, call an experienced personal injury attorney.