If you’ve been injured in a car accident caused by a DUI in Livermore, Maison Law is here to help. DUI accidents can be particularly challenging, from dealing with severe injuries to managing long-term losses. Our team is ready to guide you through the legal process. Contact us today for a free consultation.
Do You Need a Lawyer After a DUI Accident in Livermore?
Even though you don’t legally need a lawyer to file a claim, having one can make a significant difference in serious DUI accident cases. Our experienced lawyers can simplify the process for you. Here’s how we help our Livermore clients:
- Investigate the accident and prove the other driver was impaired
- Gather and present medical records and evidence
- Explain your rights and options
- Negotiate with insurance companies
- File a lawsuit if necessary
With our support, handling your DUI accident claim will be more manageable and effective. Part of this process is looking at who’s responsible for the accident and what can be gained from the claims process.
Who’s Responsible For Damages in a Livermore DUI Accident?
Even in a situation as blatant as a DUI car accident, there’s still a legal process in place. The starting point of this process is figuring out legal responsibility–or liability. To do this, you have to show “negligence.” Negligence refers to someone’s “duty of care” to drive or act in a way that keeps you and others safe.
Obviously, a DUI is a pretty stark example of negligence. As such, the impaired driver is usually the one that’s responsible for your damages. However, depending on the circumstances, there may be others involved that can share liability, like:
- Other drivers involved in the accident
- Owners of the vehicle, in situations where the driver doesn’t own the car
- Homeowners or businesses like bars or restaurants that serve alcohol or provide drugs to clearly impaired people.
- Livermore city government or road maintenance agencies
- Vehicle or parts manufacturers
DUI accidents are troubling because they are often preventable. It’s even more concerning when multiple people are at fault. Identifying who is responsible is crucial for figuring out who pays for your injuries and damages. But to get these damages, you have to file a claim.
What Claims Options Do You Have After a Livermore DUI Accident?
Despite the severe challenges of a DUI accident, it’s still fundamentally a car accident claim. Your legal options revolve around filing a claim to recover damages from those at fault. Typically, you do this either through:
- An insurance claim
- A personal injury lawsuit
After filing your claim, you may recover various types of damages:
- Medical expenses – These cover healthcare costs, including hospital stays, surgeries, medications, and treatments.
- Lost income – These damages cover any income lost due to inability to work from your injuries. It can also be extended to future income loss if your injuries are permanent and you can no longer work.
- Property damage – These damages are for any repair or replacement costs for damaged vehicles or personal items.
- Pain and suffering – This category covers physical pain and discomfort from the accident.
- Emotional distress – Along the same lines, these damages cover psychological effects such as anxiety, depression, and other mental health issues.
- Loss of companionship or quality of life – These damages address the impact of injuries on relationships and enjoyment of life.
- Wrongful death expenses – For cases where the DUI accident results in death, covering funeral costs, loss of financial support, and emotional suffering.
- Punitive damages – Additional damages for intentional negligence or recklessness, meant to punish the wrongdoer and deter similar actions. This is common in a DUI accident.
Remember, the specific damages you can recover depend on the details of your accident and injuries. In California, you must file your claim within two years of the accident date to avoid losing your right to recover damages.
What Results From a Typical DUI Accident in Livermore?
Not surprisingly, an accident caused by a DUI is extremely dangerous and often leads to serious injuries or fatalities. The severity is due to the high impact of these crashes and the impaired reactions of impaired drivers. Still, it’s helpful to look at what can result from a DUI:
- Head-on collisions – When an impaired driver drifts into oncoming traffic or drives the wrong way, it can result in severe frontal crashes, leading to head injuries, broken bones, or fatal consequences.
- Rear-end accidents – An impaired driver may tailgate or fail to notice the vehicle ahead, causing a violent crash that can lead to whiplash, back injuries, or worse.
- T-bone accidents – If an impaired driver runs red lights or ignores stop signs, they may hit vehicles that have the right of way, causing side-impact injuries that can be severe, including internal damage or fractures.
- Rollover accidents – impaired judgment or overcorrection can lead to rollovers, which are especially dangerous for passengers and can result in traumatic injuries like spinal cord damage or brain trauma.
- Pedestrian or bicycle accidents – impaired drivers may fail to see pedestrians or cyclists, leading to devastating injuries or fatalities.
In these accidents, injuries can be severe, ranging from traumatic brain injuries and spinal cord damage to broken bones and internal harm. How effectively you handle your claim and present your case will greatly impact your recovery.
How Can You Present an Effective DUI Injury Claim?
In Livermore, having the right to file an injury claim is just the start. To recover damages, you need to prove your case by providing evidence of your losses from the accident, even with a clear DUI. Here’s how to protect and strengthen your claim:
- Call 911 – Immediately call 911 after the accident. Inform the Livermore Police Department (LPD) or county sheriff if you suspect the other driver is impaired.
- Get medical attention – Seek medical attention for all injuries, even minor ones, first from EMTs at the scene and then at a hospital. Your medical records are crucial in linking your injuries to the DUI accident.
- Collect evidence – Gather evidence at the scene, noting signs of the other driver’s impairment. Keep all documentation and avoid making repairs to your vehicle or property until it’s inspected.
- Cooperate with the investigation – Provide a detailed statement to the police, explaining why you believe the other driver was under the influence. But also, be careful with the statements you make, because an insurance company may try to use it against you.
- Stay calm – Remain calm at the scene, prioritize your health and safety, and remember that help is available.
Following these steps will not only support your claim but also address your immediate health and safety. After taking these steps, you can rely on our experienced team for further support and guidance.
Contact Maison Law After a Livermore DUI Accident
Whenever you’re injured in a DUI accident in Livermore, it can be difficult to know what to do next. Plus, it’s likely that you’ll be dealing with more severe injuries, which makes everything harder. While every case is unique, our Livermore DUI injury lawyers at Maison Law are here to help you. Contact us today for a free consultation to start your recovery from injuries in a DUI accident.
