Maison Law’s team of Clovis car accident lawyers can help you if you’ve been injured or lost a loved one in a DUI accident. Every car accident is going to bring its share of challenges, but when the other driver is under the influence, it usually makes things much worse. Our team can guide you through the claims process. Contact us today for a free, no-obligation consultation to get started.
When Do You Need a Lawyer?
There’s no denying that a DUI accident is troubling and challenging. However, at its core, it’s still a car accident. This means that you’re not required to have a lawyer represent you if you want to file a claim. That said, because injuries are not only probable in these accidents, but more severe, it’s likely you’ll need a lot more help.
We can help you in this situation. Our team can take care of the following to make the process easier for you:
- Investigating the accident and proving that the other driver was under the influence
- Helping you gather and compile medical records and other evidence
- Explaining your rights and options
- Negotiating with insurance companies
- Helping you file a lawsuit, if necessary
Our overall goal is to make the process easier for you. That’s the main reason why you’d need a lawyer, and with our team’s help, you can rest assured you’ll have what you need for a strong claim.
What Damages Are Available in a DUI Accident Claim?
Because it’s ultimately a car accident claim, the damages that are available in a DUI accident mirror those of most other car accidents. Basically, you can recover financial support for your losses from the accident. A lot of this is going to be based on your injuries and how extensive they are, but includes other costs as well, like:
- Medical bills and treatment expenses, including ongoing care needs if you’re permanently injured
- Repair/replacement costs for your car and other damaged property
- Lost income from missed work or a total loss of earning potential
- Costs relating to the physical pain and suffering you go through, as well as the emotional distress that comes up because of the accident
- Costs relating to fatal injuries, like funeral or burial expenses
- Financial support for your loss of enjoyment of life or companionship
- Extra punitive damages for the other person’s intentional negligence of driving under the influence
Keep in mind that in California, you have two years from the date of the accident to file your claim. If you miss this deadline, you may lose your opportunity to seek damages, even in cases where the other driver was under the influence. Thus, it’s important to act quickly. However, you might not yet be aware of all the ways the accident has impacted you. That’s why it’s important to take steps to gather all the evidence and information you can.
How Can You Strengthen Your Claim?
Liability–or the legal responsibility for paying for your damages–is usually fairly straightforward when you’re hurt in a DUI accident. Still, though, it’s on you to show the extent of your damages. You can do this in a number of ways, but taking the following steps goes a long way in strengthening your claim:
- Report the accident – If possible, call 911 immediately so that an ambulance and the police can respond to the scene. Inform the Clovis PD or Fresno County Sheriff’s Office if you suspect the driver was under the influence. Allow EMTs to handle any injuries once they arrive.
- Document the scene – If it’s safe, use your phone to take pictures of the accident scene. Take pictures or videos that show what happened, including your injuries and the damage to the car that hit you, if it remains at the scene.
- Gather information – If possible, collect contact details, insurance information, and the license plate number of the intoxicated driver. If you’re unable to do so, ask the police for help. Additionally, gather names and contact information from any witnesses, as their testimony could be valuable.
- Don’t admit anything – Avoid admitting fault for the accident. Let the police investigation play out and cooperate with them. Any statement you make could be used to devalue your claim.
- Talk with your insurance company – Once the scene is taken care of, inform your insurance company about the accident. This allows them to begin their claims process and provide assistance.
- Keep track of things – Keep a record of all medical bills and important documents related to the accident. These will serve as proof when you present your injuries and damages.
Again, these things are necessary to make your case when you’re in a DUI accident. It’s incredibly frustrating, but the reality is that there’s always the chance that you could come across someone that’s driving drunk or on drugs. Still, it’s also important to look at liability issues in these accidents.
Can Others Be Liable For a DUI Accident?
Obviously, a DUI accident is going to be caused by a driver that’s under the influence. And while this person is going to be largely responsible for the resulting damage, there’s actually a number of others that could potentially share some liability:
- Car owners – Owners can be responsible if they knowingly let someone intoxicated drive their car or negligently allowed it.
- Other drivers – Like any other car accident, other drivers could share responsibility if they were speeding or were distracted.
- Homeowners – If someone serves alcohol or has a party at their house or apartment, they could be responsible if someone drives under the influence afterward.
- Bars – Bars or other places that serve alcohol can be liable if they serve someone visibly drunk or underage who then causes an accident.
- Clovis city or Fresno County government – Government agencies responsible for may be liable for accidents caused by poor road conditions or lack of maintenance.
- Car or parts manufacturers – Manufacturers can be responsible if a defect in the vehicle or parts leads to the accident.
Being in a DUI accident is incredibly frustrating because it’s almost always preventable. But like any car accident, figuring out every liable party is an important benchmark for any claim. It tells you who you’ll be filing a claim against and who’s going to be paying for your damages.
How Hurt Can You Get in a DUI Accident?
It’s not surprising that DUI accidents are so severe. The effect that alcohol or drugs have on a driver have been widely researched. Alcohol or drugs take away a person’s ability to make sound decisions and even react to things in a quick manner. This, obviously, leads to accidents. And like any car accident, a DUI accident is likely going to leave you facing injuries like:
- Traumatic brain injuries (TBI) – These severe injuries affect physical and emotional functioning, often requiring extensive medical care.
- Spinal injuries – Resulting in paralysis or chronic pain, these injuries demand complex surgical treatments.
- Internal injuries – High-speed collisions can damage internal organs, necessitating complicated recovery processes, including potential transplants.
- Fractures and broken bones – The impact of accidents frequently leads to broken limbs, requiring medical attention.
- Muscle or ligament tears – Tears or strains in ligaments and muscles can cause long-term pain and limited movement, often requiring therapy or surgery.
- Burn injuries – In serious accidents, fires can cause disfigurement or nerve damage, requiring reconstructive surgery.
In some cases, a DUI accident is going to be severe enough that these injuries are going to be fatal. Worse, it’s often the others involved that suffer the most injuries and not the actual driver that’s under the influence. Regardless of your level of injury, our team can support your claim.
Contact Maison Law After a Clovis DUI Accident
For as frustrating as a DUI accident can be, it’s very important to your recovery to file a claim. Every case is different, but with our team of Clovis car accident lawyers at Maison Law, you know you’ll have the legal guidance and support you need. Don’t wait–if you’ve been hurt or lost a loved one in one of these accidents, contact us today for a free consultation.
