Fremont Dui Accident Lawyer
An Impaired Driver Made the Choice. You Shouldn't Pay the Price.
Drunk and drugged driving crashes are among the most preventable on California roads, and among the most devastating. Our Fremont DUI accident attorneys hold impaired drivers, and everyone who helped put them on the road, accountable for the full cost of what they did.
$75+ million
recovered for injured clients
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unless we win
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The Harm From a DUI Crash Goes Far Beyond the Hospital Bills
Impaired drivers speed, run signals, and can’t react in time, so their crashes are often violent: brain and spinal cord injuries, complex fractures, internal bleeding, burns from vehicle fires. And many of the worst effects don’t show on an X-ray: memory and mood changes after a brain injury, PTSD and anxiety every time you get in a car, chronic pain, and the strain all of it puts on your family.
You are far from alone. According to the California Office of Traffic Safety, Alameda County recorded more than 1,200 alcohol-involved injury or fatal crashes in a recent reporting year, many of them in Fremont, where I-880, Mission Boulevard, and Fremont Boulevard carry thousands of drivers every day.
Then there’s the part that’s hardest to accept: it never had to happen. Someone chose to drive drunk or high, and you’re living with that choice. You may have a claim if:
You were hit by a driver impaired by alcohol, drugs, or both, whether or not they were arrested
You were hurt as a driver, a passenger, a pedestrian, or a cyclist
You lost a family member in the crash, or the crash happened within roughly the last two years
Holding the driver accountable won’t undo the harm, but it can bring your family stability and a measure of justice. The consultation is free, and you pay nothing unless we win.
Protecting Yourself After a Fremont DUI Crash
Call 911 and make sure a report is made.
Ask for medical help and make sure the police document the crash and any signs of impairment they observe at the scene.
Get medical care right away.
Brain injuries, internal injuries, and even emotional trauma can take time to surface. Early records protect your health and your claim.
Take photos and gather witnesses when it's safe.
The vehicles, the scene, and your injuries, plus names and numbers of anyone who saw the crash or the driver’s behavior.
Avoid recorded statements.
The impaired driver’s insurer may call quickly. Don’t discuss the crash or your injuries until you’ve talked to a lawyer.
Track the changes in your daily life.
Sleep, mood, pain, anxiety behind the wheel, missed work, activities you’ve given up. These hidden losses are real damages, and a journal helps prove them.
Call a lawyer quickly.
Police reports, breath or blood test results, and surveillance footage are easiest to secure in the first days after a crash.
Why "Obvious" DUI Cases Still Need a Fight
Many people assume a claim against a drunk driver will be simple. Insurance companies see it differently. Even when their driver was clearly impaired, they may argue:
- You were partly at fault for the crash
- The intoxication wasn’t what actually caused it
- Your injuries were pre-existing or exaggerated
We answer those arguments with evidence. We investigate the crash, preserve the police report, BAC results, body-camera footage, and witness statements, and bring in accident reconstruction when the mechanics of the crash are disputed. We identify every party who shares responsibility, not only the impaired driver.
Then we make sure the full weight of your injuries is counted. We work with medical professionals, therapists, and life care planners so that brain injury effects, PTSD, chronic pain, and lost independence are documented and valued, not waved away. Our negotiators spent a combined 50+ years inside the insurance industry, and if the insurer still won’t pay a fair amount, we take your case to court.
Client Video Testimonials
Who Pays for a Fremont DUI Crash?
The impaired driver and their insurer
The driver’s liability insurance is usually the first source of recovery. In extreme cases like drunk driving, California allows punitive damages on top of your compensation.
Others who put the driver on the road
A vehicle owner who knowingly lent their car to an impaired driver, an employer who let an intoxicated employee drive a company vehicle, or a bar, restaurant, or store that served alcohol to an underage person who then caused the crash may share responsibility.
Your own UM/UIM coverage
If the drunk driver had no insurance or not enough, your uninsured/underinsured motorist coverage can make up the difference.
The full cost of your injuries, seen and unseen
- Emergency care, ongoing treatment, rehabilitation, and assistive devices
- Lost wages and reduced earning capacity
- Pain and suffering, emotional distress, and PTSD
- Property damage
- Wrongful death damages for families who lost a loved one
California DUI Crash Law: What Victims Should Know
Your injury claim is separate from the criminal case
Prosecutors pursue penalties against the driver; they don’t pursue compensation for you. You can bring a civil claim whether or not the driver is charged or convicted.
Reckless conduct can raise the stakes
Driving drunk is the kind of extreme conduct that can support punitive damages in California, and it often strengthens settlement negotiations.
Partial fault reduces your recovery, but doesn't end it
Under California’s pure comparative negligence rule, any share of fault assigned to you lowers your compensation rather than barring your claim.
Two years, with shorter deadlines in some cases
Most injury claims must be filed within two years of the crash. If a government entity shares responsibility, a claim can be due within six months. Evidence in a DUI case can disappear long before either deadline.
Local matters here
Intersections along Fremont Boulevard, Mission Boulevard, and Mowry Avenue are common sites for impaired-driving collisions, and late nights, weekends, and holidays are the riskiest times on Fremont roads, when nightlife and easy freeway access put more impaired drivers on the road. We use that local picture when we investigate your crash.
Protect the Value of Your DUI Injury Claim
Because DUI crashes often cause injuries that are hard to see, the insurer will try to cast doubt on anything that isn’t in a medical chart. Follow your treatment plan, keep every appointment, and don’t push yourself back to work before your doctor clears you.
- Get help for the invisible injuries, too. If you’re struggling with anxiety, nightmares, or fear of driving, tell your doctor and follow through with counseling. Treatment helps you heal, and it documents harm that insurers like to dismiss.
- Keep a daily journal. Pain, memory problems, mood changes, and the ways the crash has changed your family life.
- Send the insurer to us. Adjusters may try to get you to downplay your injuries or suggest you share the blame.
We coordinate with your medical providers so billing can wait until your case resolves.
What Our Clients Say
I met with lawyers at other law offices, but after talking to Jimin, I decided to go with her because she was not only smart, honest, but also super caring.…
Annie Y.
Jimin is extremely straightforward, confident, and detailed. Do not judge her by her young looks! She's very knowledgeable and experienced. I experienced my first major car accident and needed a…
Venus Nguyen
She helped our family through the most difficult times we had ever gone through. When I wanted to give up she pushed us and encouraged us to keep fighting. When…
Beth S.
Your Fremont Legal Team
Founding attorney Jimin Oh has handled thousands of auto accident cases and is a member of Million Dollar Trial Lawyers. She built this firm after her own husband was seriously injured in a car accident, so she knows the anger and upheaval a preventable crash leaves behind. Every case gets an attorney, a case manager, and a treatment coordinator, so your recovery and your claim move forward together. Our Fremont office is at 3340 Walnut Avenue #270.
Fremont DUI Accident FAQs
What should I do right after being hit by a suspected drunk driver in Fremont?
Call 911, get medical help, and make sure a police report documents the crash and any signs of impairment. When it’s safe, photograph the scene and collect witness information. Avoid recorded statements to insurers until you’ve spoken with a lawyer.
Is there a time limit to file a DUI accident claim?
Most injury claims follow California’s general two-year deadline from the date of the crash. Claims involving a government entity have much shorter deadlines, and other special rules can apply. Evidence disappears quickly, so it’s best to call early.
I was a passenger in the drunk driver's car. Can I still recover?
Generally, yes, even if the driver was a friend or relative. Depending on how the crash happened, another driver or a third party may share responsibility as well. These cases need careful handling, and we treat them that way.
What if the drunk driver was uninsured or underinsured?
Your own uninsured/underinsured motorist coverage may apply, and we investigate whether other parties, such as a vehicle owner or employer, are also responsible.
Can I still recover if I was partly at fault?
Yes. Under California’s comparative negligence rule, your compensation is reduced by your percentage of responsibility, but you can still recover. We work to keep the blame on the impaired driver.
What evidence is used in a DUI accident case?
Police crash reports, breath or blood test results, body-camera footage, eyewitness statements, medical records, and accident reconstruction findings. We act quickly to make sure it’s preserved.
Are DUI accident settlements higher than other car accident cases?
Often they can be. Drunk driving is reckless conduct, which can support punitive damages and strengthens negotiations, especially when injuries are severe or need long-term care. Every case still depends on its own facts.
Will my DUI accident case go to court?
Not necessarily. Many DUI injury claims settle without a trial. If the insurer refuses to offer fair compensation, we’re ready to file a lawsuit and take your case to court.
Get Your Free, Confidential Case Review, 24/7
Test results, footage, and witness memories are easiest to secure in the first days after a crash. Let us start protecting them now. Call or send the form below; we respond fast, 24/7, in English, Spanish, or Korean. Your consultation is free and confidential. No fee unless we win.
Call (408) 256-2871Free Case Review
Solution Now Law Firm
1253 Park Ave
San Jose, CA 95126
Hablamos español · 한국어 상담 가능
