Maison Law helps those injured in DUI car accidents in Los Angeles. Our team of Los Angeles car accident lawyers understands how challenging these accidents can be, leaving you facing serious injuries and other losses that change your life. To learn more about your legal options in this situation, contact us today for a free consultation.
Should You Get a Lawyer After a DUI Accident in Los Angeles?
A DUI accident is complex and challenging. While you can file a claim without a lawyer, having one can make a big difference, especially when there’s a DUI involved. Here’s why you should get a lawyer:
- Investigate the accident – Our lawyers can thoroughly look into what happened.
- Prove driving under the influence – We gather evidence to show the driver was impaired at the time of the accident.
- Manage records and evidence – Our lawyers handle your medical records and other evidence.
- Explain your rights – We help you understand your options and rights.
- Negotiate with insurance companies – Our lawyers work to get you a fair settlement from insurance companies.
- File a lawsuit – If needed, we’ll help you file a lawsuit to recover your damages in civil court.
In short, our lawyers make the process easier and help you get the best outcome, so you can focus on recovering.
Who Pays for Your Damages in a DUI Accident in Los Angeles?
The sheer number of drivers on the road in and around Los Angeles makes car accidents extremely common. What’s worse, the city’s world-renowned culture also means that driving under the influence is almost a constant threat–despite the heavy legal penalties against it.
Specifically though, the thing you first have to figure out is who is responsible for paying for your damages in a DUI accident. Although it’s fairly straightforward–the person who was negligent and caused the accident has to pay for your damages–it can still be challenging.
Basically, it comes down to proving “negligence,” which means showing that someone failed to uphold their duty to keep others safe. Since DUI drivers clearly violate this duty, they are usually the ones who must pay for your damages. However, other parties might also share responsibility depending on what actually happened
- Car owner – If the owner let the impaired person drive their car, they could be partly responsible.
- Other drivers – Drivers who were reckless or not paying attention might share some liability.
- Property owners – If someone hosted a party with alcohol or drugs and a guest drove impaired, they might be partially at fault.
- Businesses – Bars or restaurants might be at fault if they served alcohol to someone who was already impaired or underage.
- City agencies – Los Angeles road maintenance agencies could be responsible if poor road conditions made the accident worse.
- Car makers – If a defect in the car made the accident more severe, the manufacturer might be liable.
Understanding who is at fault is key to making sure you receive the financial support needed for your injuries and damages, especially in a costly DUI accident. But you also have to put together a strong claim.
How Can You Strengthen a DUI Accident Claim in Los Angeles?
It’s scary being involved in any car accident, but particularly with one where the other driver is under the influence. Not only do you probably have injuries to deal with, but the information that you need from the other driver is also going to be hard to get. In most cases, the driver likely won’t even know what’s going on.. Still, you need to do a few things to put together a strong claim:
- Call 911 – Immediately call 911 for an ambulance and tell the police (like the Los Angeles Police Department (LAPD) or county sheriff’s department) if you suspect the other driver is impaired. This helps establish a record that the driver was under the influence.
- Take care of your injuries – Even if injuries seem minor, seek medical attention. Your medical records will link your injuries to the DUI accident, which is crucial for your claim.
- Gather evidence – At the scene, collect evidence and note any signs that the driver was under the influence. Save all documentation and avoid repairing your vehicle or property until you have everything documented.
- Work with the investigation – Give your statement to the police and explain why you believe the other driver was impaired. This helps strengthen your case by showing the driver’s condition.
By following these steps, you build a solid foundation for your claim and make sure you have the information needed to support your case. At the same time, you still have to actually go through the claims process to get this support.
What is the Claims Process After a DUI Accident in Los Angeles?
When you’re hurt in a DUI accident in Los Angeles, it’s usually much more serious than a normal car accident. But your legal options–and the claims process–is the same as any other accident. You have the legal right to file a claim against the responsible party to recover damages.” Here’s what the process usually looks like:
- Insurance claim – The opening step is usually filing a claim with the at-fault driver’s insurance company. This process is generally quicker but might result in a lower payout, as insurance companies often aim to reduce what they pay you.
- Lawsuit – If needed, you can take legal action by filing a civil lawsuit against the responsible parties in court. This route can be more time-consuming but may offer a better chance of receiving fair damages, since it’s overseen by an impartial judge and jury.
Regardless of the option you choose, California law makes certain “damages” available to you:
- Medical expenses and ongoing care costs
- Lost wages or earning potential
- Repair/replacement costs for your vehicle
- Pain and suffering
- Emotional distress
- Reduced quality of life
- Wrongful death expenses (for fatal injuries)
- Punitive damages
The damages you can claim depend on your specific accident and injuries. In Los Angeles, you must file your claim within two years of the accident date to keep your right to recover damages. Missing this deadline can prevent you from getting these much-needed damages.
What Results From DUI Accidents in Los Angeles?
After a DUI accident in Los Angeles, the damages can be significant. While every accident is different, there are a few common outcomes from being in one of these unfortunate–and usually preventable–accidents:
- Injuries and medical care – DUI accidents often lead to severe injuries like traumatic brain injuries (TBIs), spinal cord damage, broken bones, or burns. These require costly medical treatment, including surgeries and long hospital stays.
- Ongoing care – Injuries from DUI accidents can cause lasting issues such as paralysis, chronic pain, or limited mobility. This often means ongoing medical expenses and the need for continuous therapy or special care that impacts not just you, but your friends and family.
- Not being able to work – Severe injuries can lead to missed work and lost wages. Over time, the impact on your ability to work may also affect your future income.
- Emotional trauma – The trauma from a DUI accident can lead to significant emotional and psychological stress, affecting your overall well-being and quality of life. This often requires additional support and treatment.
Contact Maison Law for Help After a DUI Accident in Los Angeles
Dealing with the aftermath of a DUI accident can be incredibly challenging, but legal help is essential for addressing your losses. While your case is going to be unique, our Los Angeles DUI injury lawyers at Maison Law are here to support you. Contact us for a free consultation and begin the recovery process.
