Maison Law represents car accident victims in Fremont. Any car accident brings its share of challenges, but the difficulties increase when the accident is caused by someone driving under the influence. If you or a loved one are injured in one of these accidents, contact us today for a free consultation.

Why You Might Need a Lawyer

A DUI accident is undoubtedly troubling and challenging. However, at its core, it’s still a car accident, so you’re not required to have a lawyer to file a claim. Despite this, the severity of injuries in these accidents often means you need legal help.

If you want to simplify the legal process, we can help by:

Investigating the accident and proving the other driver was under the influence
Gathering and compiling medical records and other evidence
Explaining your rights and options
Negotiating with insurance companies
Filing a lawsuit, if necessary

Most of all, we want to make the process easier for you. With our team’s guidance, you can be confident that you’ll have everything needed for a successful claim.

Who’s Responsible For a DUI Accident?

Obviously, a person that’s driving under the influence is going to largely be responsible for any resulting injuries and other damages that come out of a car accident. This isn’t all that surprising, given that driving under the influence makes it impossible to drive a vehicle in a safe way.

That said, it’s important to remember that it’s still a car accident, so others can share some of the responsibility. In most cases, this includes:

Car owners can be held responsible if they knowingly allow an intoxicated person to drive their car or negligently permit it.
Other drivers may share responsibility if they were speeding or distracted at the time of the accident.
Homeowners can be liable if they serve alcohol at a party and someone drives under the influence afterward.
Bars and other businesses can be held accountable if they serve alcohol to someone visibly drunk or underage who then causes an accident.
Local government agencies could be responsible for accidents caused by poor road conditions or lack of maintenance.
Vehicle or parts manufacturers may be liable if a defect in the vehicle or its parts contributes to the accident.

DUI accidents are particularly frustrating because they are often preventable. So, it’s all the more troubling when there’s more than one liable party. Still, establishing liability is crucial for any claim because it determines who you’ll be filing against and who will pay for your damages.

What Are Your Damages in a DUI Accident?

A DUI accident brings about several challenges. Not only do you probably have serious injuries, but there’s also the damage to your vehicle, the emotional trauma from the accident, and unfortunately, the possible loss of a loved one. All of this is factored in when evaluating your case and assessing your “damages.”

These losses make up the core of your injury claim, and is the overall goal of filing a claim to begin with. So, your damages are going to be tied to the accident you’re in. In order to get these damages, you have to actually file a claim, which is done by:

Filing an insurance claim out of court
Filing a personal injury lawsuit

With your claim filed, you can potentially recover:

Medical expenses, which covers all healthcare costs due to the accident, including hospital stays, surgeries, doctor visits, medications, and other treatments.

Lost wages, covering the income you lose because your injuries prevent you from working for a certain period.

Property damage, giving you repair or replacement of your vehicle, motorcycle, bicycle, and any personal belongings damaged in the accident.

Pain and suffering, which covers the physical pain and discomfort resulting from the accident and your injuries.

Emotional distress, which covers the psychological impact of the accident, such as anxiety, depression, and other mental health issues.

Loss of companionship and quality of life, which accounts for how the injuries affect your relationships and your ability to enjoy activities you once loved.
Wrongful death expenses apply if the accident causes the death of a loved one, covering funeral and burial expenses, and loss of financial and emotional support.

Punitive damages, which are awarded in cases where the at-fault person acted intentionally negligent or reckless. Driving under the influence has often been judged to award punitive damages. These are designed to further punish the wrongdoer and discourage similar behavior.

Remember, the specific damages you can recover depend on the circumstances of your accident and injuries. Additionally, in California, you must file your claim within two years of the accident date. Missing this deadline means you won’t be able to recover these damages.

What Are Some Typical Injuries in DUI Accidents?

A car accident, particularly one caused by someone driving under the influence, is going to cause a lot of damage. Higher speeds, more dangerous maneuvering, and not being aware of surroundings all add up to more severe collisions–and that means more serious injuries. While every DUI accident is different, common injuries in most of them include:

Traumatic brain injuries or concussions
Broken bones and spinal injuries
Torn ligaments and burns
Cuts and bruises
Emotional and psychological trauma
Death

No matter what type of injuries you experience in one of these accidents, it’s ultimately up to you to do what you can to strengthen your claim.

Can You Strengthen a DUI Accident Claim?

Just because liability is fairly straightforward in a DUI accident and you can file a claim doesn’t mean you automatically get your damages. Further, even though being injured by a driver that’s under the influence is a fairly strong claim on its own, you still have to present your case. This means doing a few things in the aftermath of the accident to strengthen your claim:

Call 911 – Always contact emergency services immediately after a drunk driving accident. This ensures police officers and medical responders can assess the situation and provide necessary medical care. Mention if you believe the driver is under the influence, even if your injuries seem minor.

Document everything – Collect physical evidence and take mental notes if you suspect the other driver is intoxicated. Observe their behavior, write down their statements, and look for signs of drinking, such as empty bottles or the smell of alcohol.

Cooperate with investigations – When providing your statement to the police, describe the events and explain why you think the other driver is under the influence. The police can conduct DUI tests and may arrest the driver if they are found to be intoxicated.

See a doctor – If an ambulance doesn’t take you to the hospital, visit a doctor immediately after the accident. Medical records will help connect the drunk driver’s actions to your injuries.

It’s important to stay calm until you can get the help you need at the scene, then take care of your health and safety first. Everything else generally takes care of itself, but don’t hesitate to reach out to our team with any questions or concerns. We can give you the information you need to take your next steps.

Free Consultations For Fremont DUI Accident Victims

If you’ve been injured in a DUI accident in Fremont, Maison Law will be there to support your claim. Our skilled team of Fremont DUI accident lawyers will handle your case personally, offering direct interaction, honest guidance, and dedicated attention.

Fremont DUI Injured Victims Lawyers