Maison Law represents car accident victims in Corcoran. Any car accident brings its share of challenges, but there’s increased problems when the accident is caused by someone driving under the influence. When you or a loved one are hurt in one of these accidents, contact us today for a free consultation.
Do You Need a Lawyer?
A DUI accident is troubling and challenging, but fundamentally, it’s still a car accident, and you don’t need a lawyer to file a claim. However, the nature of most DUI accidents results in severe injuries. This makes everything more difficult, including the claims process.
Our team at Maison Law can help by investigating the accident, proving the other driver was under the influence, gathering medical records, explaining your rights, negotiating with insurance companies, and filing a lawsuit if needed. Our goal is to make the process easier for you and ensure you have the information and guidance you need to put together a strong case.
What Do You Need to Do If You’re in a DUI Accident?
When you’re injured in a DUI accident, liability is usually clear. But that doesn’t mean you have an automatic ticket to your damages. You have to present your case, and the best way to do that is to take certain steps after the accident to gather the necessary information you need. So, here’s what you need to do after being involved in a DUI accident:
- Call 911 – Call 911 immediately for ambulance and police assistance. This should allow the Corcoran Police Department or Kings County Sheriff’s Office to respond to the scene. If you suspect the driver was under the influence, make sure to tell them so they can keep them from driving any further. Let EMTs handle any injuries.
- Document the accident scene – If it’s safe, take photos or videos of the accident scene, including your injuries, damage to your car, and the other car’s damage.
- Gather pertinent details – Collect contact details, insurance information, and the license plate number of the intoxicated driver. Ask the police for help if needed. Also, gather names and contact details of any witnesses that saw the accident.
- Cooperate with any investigations – If there’s a suspected DUI, the police will need to investigate the scene and other driver. Cooperate with any questions they ask you. Also, don’t admit any fault. Any statements you give can be used in the claims process.
- Keep evidence – Maintain all medical bills and documents related to the accident as proof of your injuries and damages. Don’t fix any damaged property until you can document it.
These steps are crucial for building your case in a DUI accident, and like any other car accident, you’re going to have to go through the claims process if you want to make a recovery.
What’s the Claims Process After a DUI Accident?
Because a DUI accident is still a car accident at its core, the claims process has many of the same parts as a normal car accident claim. Where there’s a difference is that your claim will be made in civil court. This means a different level of proof for your damages than in a criminal case, which will probably be held at the same time for the driver that’s found to be under the influence.
In terms of your claim, you have the same general options as any other car accident. Namely, you can:
- File an insurance claim
- File a personal injury lawsuit
Typically, you file an insurance claim first and go through their process. Eventually, they’ll probably offer you a settlement, which you can either accept or reject. If you accept it, the process is over and you can take the money. However, insurance companies’ ultimate goal is to pay you as little as possible, so while you might get quicker access to financial support, it likely won’t cover all of your injuries and other losses.
This is the main strength of a lawsuit. While it takes more time and effort, it gives you a better chance at getting what you’re rightfully owed because it’s a formal legal action that is decided by a judge and jury.
Depending on the specifics of your accident, you can potentially recover things like:
- Medical expenses
- Ongoing care needs
- Repair/replacement costs to fix your car or any other damaged property
- Pain and suffering
- Emotional distress
- Loss of companionship or quality of life
- Wrongful death expenses
- Punitive damages
Remember, these damages are general, so what you’re able to get is going to depend on the circumstances and how well you present your case. You also need to file within California’s statute of limitations for a car accident, which is two years from the date of the accident itself.
Who Pays For Your Damages in These Accidents?
There’s nothing good about a DUI accident. From injuries to emotional trauma, these accidents are among the worst types of car accidents you’ll come across. But, one positive if you decide to file a claim is that it’s not tough to figure out who has to pay for your damages.
Usually, most of the liability is going to fall on the driver that was under the influence and caused the accident. Not only will they be civilly liable for your injuries and other losses, but they’ll probably be facing criminal charges and fines.
That said, many of the same parties from a normal car accident can share some of the liability in a DUI accident:
- Other drivers
- Pedestrians
- Local government agencies
- Car or part manufacturers
- Property or homeowners
- Landlords
- Bars or restaurants that serve someone underage or someone that’s clearly intoxicated
- Employers
Any car accident is going to have certain factors that influence liability, even a DUI accident. This is why figuring out liability is so important: it sets the course of your entire case and tells you who’s responsible for paying for your damages.
What Kinds of DUI Accidents Happen in Corcoran?
As you might expect, driving under the influence is incredibly dangerous for a simple reason: it impairs a driver’s physical and mental abilities, making them unable to drive safely. This often leads to various types of accidents that can cause serious injuries to you or other people on the road in Corcoran, like:
- Head-on accidents – Impaired vision can cause drivers that are under the influence to cross the centerline or drive the wrong way, resulting in head-on collisions.
- T-bone accidents – Impaired drivers frequently miss stop signs or red lights, crashing into vehicles with the right of way.
- Rear-end accidents – Drivers under the influence can follow too closely or fail to pay attention, leading to collisions with the vehicle in front of them.
- Pedestrian or bicycle accidents – Pedestrians and cyclists are at high risk because impaired drivers may not see them, leading to severe injuries or fatalities.
- Rollover accidents – Impaired drivers often lose control and overcorrect, causing dangerous rollovers.
With these accidents, the resulting injuries are typically much more severe. This means you could be facing traumatic brain injuries, spinal cord injuries, broken bones, internal injuries, all of which can be fatal. If you’ve been injured in one of these accidents, it’s crucial to understand what you can do and how we can help you.
Help From Experienced Corcoran DUI Accident Lawyers
At Maison Law, we understand how difficult any car accident can be on you and your family. That said, when there’s a DUI accident, it’s even tougher. If you’re facing significant injuries, damage to your car, or have lost a loved one, our experienced Corcoran car accident lawyers can help. Contact us today to set up a free consultation.
