Maison Law helps those injured in DUI car accidents in Oildale. Driving under the influence poses a serious risk to everyone–drivers, passengers, and pedestrians alike. Despite strict penalties, DUI accidents remain common in Oildale.
If you’ve been in one of these accidents, you have legal options. Contact our team at Maison Law for a free consultation to learn more about how we can help you.
Why You Might Need a Lawyer After a DUI Accident in Oildale
Although you don’t need a lawyer to file a claim after a DUI accident, you probably need one. This is because a DUI accident is among the most serious you can find yourself in, both in terms of the actual collision itself and the injuries and other losses it brings you. We’ll help you by investigating the accident, getting the evidence to show that the other driver was under the influence, and guiding you through the claims process.
Our goal is to make the process easier for you and guide you in building a strong case. While we provide support, the starting point of a DUI accident claim is figuring out who’s responsible.
Who’s Responsible For Injuries in an Oildale DUI Accident?
One of the biggest questions that need to be answered in any car accident claim revolves around the legal responsibility for causing the accident and paying for your losses. Although a DUI accident is usually much worse in terms of the impact, the actual legal standard for this legal responsibility is the same as any other car accident: showing negligence.
Driving under the influence is one of the rare examples of blatant negligence on the part of another driver. This means that the person that is impaired and causes the accident is going to be responsible for covering your injuries and other losses from the accident.
With that said, other parties might share some responsibility, including:
- Other drivers involved
- Owners of the car if they allowed the impaired driver to use it
- Road maintenance agencies that work for the city or state
- Property owners that host parties where drugs and alcohol are made available. This also applies to businesses that serve alcohol
This legal responsibility–known as liability–is crucial because it effectively shapes your case and tells you who will cover your damages. More to the point, it’s important to figure out all of the liable parties so you can get the most out of a claim.
What Damages Can You Get in a DUI Injury Claim in Oildale?
The main protection you or anyone else has against someone that’s driving under the influence and hurts you in an accident is the ability to file an injury claim to recover “damages.” Damages is simply the legal term that relates to your injuries and other losses.
In terms of your options, you can either file an insurance claim out of court or a personal injury lawsuit inside the court systems. Both options require a process where there’s an investigation into the accident, exchanging of evidence, and then presenting and defending a case. Your damages are going to be specific to your accident, but can include things like:
- Medical expenses
- Ongoing care needs
- Lost wages
- Loss of benefits or earning potential
- Pain and suffering
- Emotional distress
- Loss of companionship or quality of life
- Wrongful death expenses
- Punitive damages
The result of your claim depends on your case details and how well you handle it. Also, remember to file your claim within two years from the date of the accident, because this is the deadline to file a claim under California law.
How Can You Protect Your Injury Claim After a DUI Accident?
Even with liability being (relatively) straightforward and the legal right to file an injury claim, you still have to do certain things to make sure the claim you file after a DUI accident is as strong as possible. In other words, you have to protect your claim by doing the following things:
- Call 911 – First things first, call 911 for an ambulance and police assistance. If you think the other driver might be impaired, request the Oildale Police Department (OPD). This will make sure the driver’s impairment is looked at and the accident scene is properly managed. Let EMTs take care of your injuries.
- Document the scene on your own – If it’s safe and you’re able, take photos or videos of the accident scene, including your injuries, vehicle damage, and the other driver’s vehicle.
- Gather claim-related information – Like any car accident, try to get the other driver’s contact details, insurance information, and license plate number. Most likely, if they’re impaired you’ll need to ask the police for help.
- Work with investigators – If the police suspect DUI, they will conduct an investigation. Answer their questions truthfully but avoid admitting fault, as your statements can impact your claim.
- Keep track of your losses – Save all medical bills and documents related to the accident as proof of your injuries and damages. Don’t repair damaged property until it has been documented.
While taking these steps can be challenging after a DUI accident, it’s this thorough documentation and cooperation that will be very important for you being able to build a solid claim. However, this can be especially difficult because of the serious injuries you could face in a DUI accident.
What Injuries Could You Face in an Oildale DUI Accident?
Obviously, what separates a DUI accident from most other car accidents is how serious they are. It’s not all that surprising to see why: when a driver is impaired, they’re much more likely to drive recklessly at high speeds, and usually don’t even know where they are or what they’re doing. This, in turn, leaves you extremely vulnerable to injuries like:
- Head injuries – The force of the crash can cause head injuries, leading to memory issues and behavioral changes.
- Broken bones and fractures – The impact may cause fractures, particularly in the arms, legs, and face, which require medical treatment and affect your daily life.
- Neck and spinal injuries – Sudden jolts can lead to neck pain, herniated discs, or spinal cord injuries, resulting in chronic pain or restricted movement.
- Torn ligaments – The accident’s force can tear ligaments, especially in the knees, shoulders, and ankles, often needing surgery and therapy.
- Burns – If a fire occurs during the accident, burns can result in painful injuries and scarring.
Every accident is different, even ones that are caused by a DUI. What’s important for you to understand is that despite your injuries, you have options. Our team will be there to guide you through the process and support you.
Dedicated Oildale DUI Injury Lawyers Can Help You
Handling the aftermath of a DUI accident in Oildale is challenging not just for you, but for your entire circle of family and friends. Even if you survive the accident, you’re likely facing damages that make moving forward difficult. But addressing your injuries and losses through the legal process is very important. Our team of dedicated Oildale DUI injury lawyers at Maison Law is ready to provide the help you need. Contact us today for a free consultation to get your recovery started.
