Maison Law represents anyone that’s been injured in a Modesto car accident. There’s any number of reasons that you could be hurt in a car accident, but one of the most frustrating is when someone else chooses to drive under the influence of alcohol or drugs. If you or someone you care about has been injured in one of these accidents, contact our team today for a free consultation to talk about your options.
Should You Get a Lawyer?
At its core, a DUI accident is still a car accident. This means that you don’t technically need a lawyer to file a claim or go through the legal process. But, the reality is that a DUI accident is among the most serious types of car accidents you could be involved in. This means huge damage and serious injuries, with everything being made more difficult.
That alone is why you should think about getting a lawyer. Our team at Maison Law takes pride in our approach to these cases. We can help you with the following:
- Investigating the accident
- Gathering evidence to show the other driver was impaired
- Explaining your rights and options
- Negotiating with insurance companies
- Filing a lawsuit for you, if necessary
In short, getting a lawyer simplifies the process and helps you focus on recovering while working to get the best result for your case.
What Damages Can You Get in a DUI Accident Claim?
Because it’s still a car accident, the claims process after a DUI accident in Modesto isn’t all that different from a normal accident. In fact, it’s easier in some ways because of the fact that a DUI is rather difficult to defend (although you still need to put together a strong case.) So, you have the right to file a claim to recover damages from the responsible party. To do that, you can either file:
- An insurance claim
- A personal injury lawsuit
No matter which option you choose, you can recover certain “damages” like:
- Medical expenses – This covers all the costs for your treatment, including hospital visits, doctor’s fees, medications, and any future medical care you may need.
- Lost income – These damages are for the income you lost while you were unable to work due to the accident. You may also be able to recover future earnings if your ability to work has been affected long-term.
- Property damage – These damages include the costs to repair your damaged vehicle or the cost to replace it if it was totaled in the accident.
- Pain and suffering – These damages are for the physical pain and discomfort you’ve gone through as a result of the accident.
- Emotional distress – These damages relate to the emotional impact of the accident, such as anxiety, depression, or trauma.
- Reduced quality of life – These damages are for the negative impact the accident has had (or will have) on your ability to do things you once enjoyed, as well as the negative impact on your relationships.
- Wrongful death expenses – If the accident resulted in a fatal injury (which is unfortunately common in DUI accidents), surviving family members can file a “wrongful death” claim to recover funeral costs, loss of companionship, and other expenses related to the death.
- Punitive damages – These are extra damages awarded on top of the others, meant to punish the person responsible for extreme negligence of driving under the influence.
The types of damages you can claim depend on your specific accident and injuries. In California, make sure to file your claim within two years of the accident to maintain your right to recover damages. Missing this deadline could prevent you from receiving damages.
What Needs to Be Done For a Strong DUI Accident Claim?
Part of the legal process isn’t just filing a claim, but making sure you have a compelling and effective case for your damages. After all, even with a DUI accident, you still have to actually put together a strong claim. In order to do that, you need to do a few things:
- Call 911 for help – Once you’re in a safe spot on the side of the road, call 911 for medical help and inform the Modesto Police Department, county sheriff, or California Highway Patrol if you think the other driver is impaired. This creates an official record of the driver’s condition.
- Take care of your injuries – Get medical attention right away when the EMTs arrive, even if your injuries seem minor. Your medical records will link your injuries directly to the DUI accident, which is vital for your claim.
- Start gathering evidence – Start gathering evidence at the scene, including signs of the driver being under the influence. Keep all documentation and don’t repair your vehicle or property until you have documented the damage.
- Work with the investigation – Provide a clear statement to the police about why you believe the other driver was impaired. This helps reinforce your case by showing the driver’s condition was a factor in the accident.
By following these steps, you lay a solid foundation for your claim. But it also has the added benefit of giving you the evidence needed to support your case. From there, our team can help you by figuring out who exactly is responsible.
Who’s Liable For Damages in a Modesto DUI Accident?
Another thing that makes a DUI accident different from a normal car accident is the fact that liability–or the legal responsibility for paying for your damages–isn’t all that difficult to figure out. When someone chooses to drive while under the influence, they’re going to be responsible for the accident and your damages.
However, every situation is different, so depending on the circumstances, there are others who might share some of the liability if they allowed the person to drive while impaired. Typically, this can include:
- Owners of the car itself
- Property owners that provided the drugs or alcohol, which ranges from someone hosting a house party to a bar or restaurant
- Local governments, if poor road or sign maintenance factored in
- Car or parts makers, if there was a defective part that played a role in the accident
Understanding who all is responsible is crucial for getting the financial support you need for your injuries and damages. Not only is this true in any car accident claim, it’s especially important in a DUI accident.
Why Are DUI Accidents So Severe in Modesto?
Whether they happen in Modesto or anywhere else, the thing that sets a DUI accident apart is how serious they are. It’s not hard to see why: driving under the influence takes away a person’s ability to not only drive safely, but drive in a way that you and others that are on the road can react to.
What this means, at least in terms of actual accidents, is that they’re much more severe–both in terms of the actual impact of the collision and the injuries it can leave you with. In most DUI accidents, the speed and nature of collisions leave you facing:
- Traumatic brain injuries (TBIs) and concussions
- Neck and spinal injuries
- Chest trauma
- Internal organ damage
- Broken bones
- Burns
As you can see, a DUI accident can be severe, often impacting you and other innocent victims the most. Regardless of how serious your situation is, we’re here to help you recover what you’ve lost from your accident.
Contact Maison Law for Help After a DUI Accident in Modesto
When you’re hurt in a DUI accident in Modesto, it can be difficult to know what needs to be done. Not only is the aftermath of the accident scary, but facing serious injuries and other damage can make moving forward with your life difficult. That’s where our team of Modesto DUI injury lawyers at Maison Law can step in and help you. We’ll be there to support your claim and make sure you get what you need from the legal process. To get started, contact us today for a free consultation.
