Maison Law represents car accident victims in Fresno. Car accidents always come with challenges, but the difficulties multiply when they involve a driver under the influence. If you or a loved one has been injured in such an accident, contact us today for a free consultation.
Do You Need a Lawyer?
A DUI accident is deeply troubling and challenging, mostly because it’s entirely preventable. But at its core, it’s still a car accident, and you don’t need a lawyer to represent you if you want to take legal action. At the same time, due to the severe injuries that often come from DUI accidents, the claims process can be particularly challenging. This is the main reason why you would need a lawyer.
At Maison Law, we can help you by:
- Investigating the accident
- Proving the other driver was under the influence
- Gathering medical records and reports
- Explaining your rights
- Negotiating with insurance companies
- Filing a lawsuit if necessary
Our goal is to ease the process for you, providing the information and guidance needed to build a strong case. For as challenging as these cases can be, the starting point is the same: figuring out who’s responsible.
Who’s Responsible for a DUI Accident?
It’s not all that complicated to figure out who’s responsible for a DUI accident. The person that drives under the influence of alcohol or drugs and causes an accident is going to carry most of the legal responsibility (known as “liability”) for the resulting damage.
DUI accidents aren’t necessarily isolated, meaning there’s other factors in play besides the driving under the influence. So, like any other car accident, there’s various other parties that can share some of the liability:
- Owner of the vehicle – Owners of the vehicle can be held liable if they knowingly allow an intoxicated person to drive their car or negligently allowed it to happen.
- Other drivers – As with any car accident, other drivers may share responsibility if they were negligent.
- Home or property owners – Homeowners can be liable if they serve alcohol or drugs or host a party, and someone drives under the influence afterward.
- Businesses – Bars and other establishments that serve alcohol can be held responsible if they serve someone who is visibly intoxicated or underage, and that person causes an accident.
- Government agencies – Government agencies may be liable for accidents caused by poor road conditions or lack of maintenance.
- Car or part makers – Companies that make the vehicle or its parts can be held responsible if a defect in their vehicle or its parts leads to an accident.
As with any car accident, identifying all liable parties is crucial for any claim. This process determines who you’ll file a claim against and who will be responsible for paying for your damages. But before you get to your damages, you have to know how to respond.
How Should You Respond When You’re in a DUI Accident?
The aftermath of a DUI accident is very confusing. Most of the time, you aren’t expecting it. Worse, the nature of a typical DUI accident means serious injuries and severe impact. This makes everything more challenging. But, it’s still important to respond in the right way to protect your health and potential claim. Here’s what you should do:
- Call 911 – If you can, call 911 immediately so that an ambulance and the police can get to the scene quickly. Let the Fresno Police Department or Fresno County Sheriff’s Office know if you think the driver was under the influence. Once EMTs arrive, let them handle any injuries.
- Document the scene – If it’s safe to do so, use your phone to take pictures of the accident scene. Take photos or videos that show what happened, including your injuries and the damage to the other car if it’s still there.
- Start gathering information – If you’re able, collect contact details, insurance information, and the license plate number of the intoxicated driver. If you can’t, ask the police for help. Also, try to get the names and contact information of any witnesses; their accounts could be helpful.
- Be careful with statements – Avoid saying anything that could be seen as admitting fault for the accident. Let the police do their job, and cooperate with their investigation. Anything you say could be used to reduce your claim.
- File an insurance claim with your auto insurance – After everything at the scene is taken care of, let your insurance company know about the accident. This allows them to start their claims process and provide any needed assistance.
- Preserve evidence and track damages – Keep track of all medical bills and important documents related to the accident. These will be important when you need to show proof of your injuries and damages. Also, don’t fix or replace any damaged property right away.
Remember, these steps can be extremely difficult if you’re hurt, which is common in a DUI accident. At the same time, they need to be done for your claim. So, if you’re not able to do them yourself, our team can help you out.
Damages in a Typical DUI Accident
There’s two ways to look at the damage that comes from a typical DUI accident. First, there’s your injuries and losses. Then, there’s your actual legal damages that are made available to you under the law. Both of these things are closely related, but not exactly the same.
In terms of your injuries, it’s no surprise that DUI accidents are often severe. Alcohol and drugs impair a driver’s ability to make good decisions and react quickly, leading to serious accidents. Common injuries in DUI accidents can involve things like:
- Broken bones
- Traumatic brain injuries
- Head and chest injuries
- Torn ligaments
- Burns
- Cuts
- Bruises
Unfortunately, the nature of these accidents often mean injuries are so serious that they can lead to fatalities. Regardless, though, you have the ability to file an injury claim and recover some “damages” from the responsible party.
Generally, you can do this by filing an insurance claim out of court or a personal injury lawsuit inside the court system. A successful claim will allow you to get back things like:
- Medical expenses
- Lost wages or loss of earning potential
- Property damage
- Pain and suffering
- Emotional distress
- Loss of quality of life
- Wrongful death expenses
- Punitive damages
Remember, in California, you have two years from the date of the accident to file your claim. Missing this deadline could mean losing your chance to seek damages, even if the other driver was under the influence. Act quickly, but also gather all the evidence and information you can, as the full impact of the accident may not be immediately clear.
Contact Maison Law After a Fresno DUI Accident
A DUI accident can be incredibly frustrating, but filing a claim is crucial for your recovery. Every case is unique, and with our team of Fresno car accident lawyers at Maison Law, you’ll get the legal guidance and support you need. Don’t wait—if you’ve been injured or lost a loved one in a DUI accident, contact us today for a free consultation.
